Supreme Court On Menstrual Leave: May Disincentivize Companies From Hiring Women
This is disappointing!
Menstrual leave in India had become a hot topic of debate more so since there was a PIL in the Supreme Court seeking menstrual leave for working women and female students across India. Women across the country had been holding their breaths and waiting to find out more as the Top Court was scheduled to hear the case on February 24. However, our wait has been met with disappointment. Hearing the PIL on Friday, the Supreme Court refused to entertain the plea.
A three-judge bench of the Supreme Court comprising CJI DY Chandrachud and Justices PS Narasimha and JB Pardiwala heard the PIL seeking menstrual leave for women across the country filed by Advocate Shailendra Mani Tripathi. During the hearing, an intervenor told the Supreme Court that menstrual leave might discourage companies from hiring women. Responding to the submission, CJI DY Chandrachud noted that if a rule regarding compulsory paid menstrual leave comes in place, it would in fact discourage employers from hiring women. Further, the Supreme Court dismissed the petition stating that it is a matter of public policy while directing the petitioner to file a representation before the Women and Child Development Ministry.
Supreme Court disposed of the plea seeking state govts to frame rules for menstrual leave for female students and working-class women at their respective educational institutions and workplaces; asked the petitioner to give representation to the Centre on the plea. pic.twitter.com/qV3ZGikzLZ
— ANI (@ANI) February 24, 2023
Also Read: 7 Reasons Why Women NEED And Deserve Period Leaves
The PIL seeking Menstrual leave for women across India claimed that while women suffer from similar health and physiological issues during periods, they don’t have the same rights and are treated differently in different states across India which is a violation of Article 14 of the Indian Constitution. The petition also highlighted that as all women have Indian citizenship, they must be equal before the law and should have equal rights and not be differentiated against in the name of federalism and state policies.
Also Read: “We Aren’t Going To Party For 3 Days”: Twitter Thread Shows How Little Men Understand Periods, Menstrual Leave
The PIL also highlighted multiple petitions related to menstrual health and period leaves like Dr Shashi Tharoor’s 2018 Women’s Sexual, Reproductive and Menstrual Rights Bill as well as the 2017 Menstruation Benefits Bill which was presented during the 2022 Budget Session and was dismissed after being termed an unclear topic by the legislative assembly. The petition claimed that the lack of attention towards these Bills portrays a disinterest in discussing and moving forward with the idea of menstrual leaves and understanding period cramps.
Also Read: Men Don’t Understand Period Cramps But They Sure Have Opinions About Menstrual Leave. Tumko Pucha Kisi Ne?
It is disappointing that despite several efforts neither the legislative assembly nor the Supreme Court has paid attention to the struggles women have to deal with during their menstrual cycles. While Supreme Court’s stand on the matter is completely understandable, how is it that the leaders chosen by us, who run the government have rejected the idea of menstrual leaves and refused to pay attention to the matter while dismissing the topic as “unclean” in the legislative assembly? Will the Union Women and Child Development Ministry provide women across the country with some relief and equal rights? Well, looks like we will just have to wait to find out.
First Published: February 24, 2023 1:32 PMExplained: What Is The Menstrual Leave PIL In Supreme Court And The Menstruation Benefit Bill?
