A Public Interest Litigation has been filed in the Supreme Court seeking introduction of 'Menstrual Pain Leave' or 'Period Leave' for female students and employees all across the country.

The Lawyer, Advocate Shailendra Mani Tripathi has urged in the petition so filed that the issue has long been knowingly or unknowingly ignored by society, the legislature, and other stakeholders.

Only few Organizations and State Governments are paying heed to the issue which resides among the society for long.

It was submitted that depriving women of  'Menstrual Pain Leave' is violative of Article 14 of the Constitution. He further submitted that two bills tabeled in Parliament to this regard has lapsed.

In the latest winter-session of 2022, the Menstrual Benefits Bill of 2017 was re-intrioduced on the very first day, however disregarded as an 'unclean topic'.

Stating that Union Minister Smriti Irani had, in a written reply, before the Lok Sabha disclosed that there is no proposal under examination to include Period Leave in Central Civil Service (Leave) Rules 1972, the petitioner has contended that there is lack of legislative will to move forward in dealing with the concept of menstrual pain leave.

"Central Civil Service (Leave) Rules 1972 do not have any provisions for menstrual leave and presently there is no proposal under examination to include such leave in these rules."

Apprising the Court regarding policies of some corporates which provides for 'period leave', the petitioner named Zomato, Byju’s, Swiggy, Mathrubhumi, Magzter, Industry, ARC, FlyMyBiz Gozoop among others.

He also cited name of countries that are following the norm such as United Kingdom, China, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia.

The petition has sought directions to States to frame rules for menstrual pain leaves and effectively implement Section 14 of the Maternity Benefit Act, 1961, which deals with the appointment of inspectors to implement the provisions of the said Act.

Citing his online research, the petitioner argued that only Meghalaya has provided for the appointment of such officers via a 2014 notification until now and Bihar is the only state providing for special menstrual pain leave as part of a 1992 policy.

The petitioner apprised the Bench that Delhi High Court has directed to consider similar petition as presentation and decide on the issue.

 

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