On menstrual leave for women, Supreme Court's directive to Centre: ‘How will…’

A bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra said this is a matter of policy which is not under the court's purview.The Supreme Court on Monday directed the Union government to frame a model policy on menstrual leaves for women employees after deliberation with states and other parties involved.A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said this is a matter of policy and it not an issue courts need to look into, news agency PTI reported.The bench also pointed out that granting menstrual leaves may be counterproductive and have “detrimental” effect on women with companies not choosing to employ them.

“How will the leave encourage more women to be part of the workforce, the court asked the petitioner and said mandating such leave will lead to women ‘being shunned from the workforce’...we do not want that,” the bench said.The bench also permitted lawyer Rakesh Khanna, appearing for petitioner and lawyer Shailendra Tripathi to move the secretary of the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati, reported PTI.The bench requested the secretary of the ministry of women and child development to considered the matter and come to an answer after discussing with various stakeholders to identify whether a model policy can be framed.

The court also clarified that states are free to take steps in this regard and they won't be affected by the Centre's consultation process.

Earlier in February, SC rejected a PIL which had aimed to make it mandatory for all states to grant menstrual leaves for female students and working women. The court refused to entertain this plea citing a similar reason, saying that it fall under the policy domain of the government, reported TOI.

The senior lawyer said that the Centre has taken no decisions regarding this matter as of yet, reported PTI.Despite the absence of a mandatory menstrual leave system implemented by the government, several companies such as Zomato, Bjyus, Swiggy, Magzter among others offers menstrual leaves to its employees, according to a News18 report.