High Court directs Centre, Delhi Govt to consider PIL seeking paid menstrual leave as representation

The High Court of Delhi on Monday(23/11/2020) asked the Centre and the AAP government to treat as a representation a PIL seeking grant of paid leave to women employees during menstruation. (Delhi Labour Union vs UOI & Anr).

A Bench consisting of Chief Justice DN Patel and Justice Prateek Jalan asked the central and Delhi governments to take a decision on the representation in accordance with the law, rules, regulations and policy applicable to such matters as soon as possible and practicable.

The PIL that was filed by Delhi Labour Union(Petitioner), also sought directions to the respondents to provide special casual leave or paid leave as well as to ensure separate and clean toilet facilities, periodic rests and free sanitary napkins to women employees during their menstruation period.

"..muscle layers contract, causing painful cramps. Some of the prostaglandins enter the bloodstream, causing headache, nausea, vomiting, and diarrhoea. The pain is so extreme in some cases that it causes fainting and dizziness spells. That their monthly menstrual cycle is additionally painful for women who suffer from reproductive ailments..", the petition explained.

The petitioner argued that the ignorance and inaction in providing facilities to menstruating employees, , is violative of Article 14, 21 and 42 of the Constitution of India.

It was submitted,

"Menstruating employees form a separate class owing to their biological necessities and differences with other employees. Such practice of the Respondents is discriminatory and violative of Right to Equality and equal protection of laws guaranteed by the Constitution to these workers,"

“Article 15(3) of the Constitution enables the respondents to make special provisions for women. Still, the respondents have not made any special provisions for these employees. Menstruation is intrinsically related to human dignity," the plea said

It was also stated in the petition that several private employers have already introduced paid menstruation leave for their female employees.