The Supreme Court on Monday, July 8, in its order asked the Centre and all state govts as to whether they could work on a modality and frame guideline on the plea filed by a lawyer seeking directions to them to frame policies for menstrual leave holidays to students and women, employees across the country.
The Public Interest Litigation (PIL) has been filed in the Supreme Court by lawyer, Shailendra Mani Tripathi, seeking its direction for allowing monthly leave for female students and working women at their respective workplaces during their menstrual period across the country.
While noting into record that the petitioner (Tripathi) said that though a representation was submitted by him to centre in may 2023, but there was nothing final been decided by the Centre so far. It said that since issues raised by Tripathi were multifarious objectives of state policy, there was no reason for the court to intervene in light of our previous order.
Although, the apex court initially refused to entertain the plea, by saying that this was actually a government policy aspect and not for the courts to look into. But, it, however, asked the Centre and states to look into the issue as to whether they can formulate a model policy or not into the plea.
"We permit the petitioner to move the secretary in the ministry of women, and child development and to ASG Aishwarya Bhati. We request the secretary to look into the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be framed," the bench said in its order.
It also made it clear on its order that this order will not stand in the way for state government taking steps in this regard.
Tripathi, in his PIL, filed before the Supreme Court alleged that despite making all the provisions in the law to take care of women in difficult stages of their maternity, the very first stage of the maternity, the menstrual period has been knowingly or unknowingly ignored by the society.
Tripathi said that he was directed by the Supreme Court to approach the Women and Child Development Ministry in the issue.
"Only women are empowered to propagate the human race on earth with their special ability of creation of human life, which we commonly call maternity. During different parts or stages of maternity, women undergo a number of physical & mental hardships, be undergoing menstrual period, pregnancy, miscarriage or any medical complications related to these stages of maternity," the PIL filed by Tripathi said.
He also elaborated in his PIL that in these stages menstrual period is the genus, and pregnancy, miscarriage, and so on are the species, which definitely need the first attention of society and the legislature.
"Bihar is the only state in India which has been providing two days of special menstrual pain leave to women since 1992 through its Human Resources," he said.
"In 1912, the Government Girls School in Tripunithura, located in the erstwhile princely state of Cochin (present Ernakulam district), had allowed students to take 'period leave' during the time of their annual examination and permitted them to write it later," the plea said.
