Supreme Court Addresses Plea for Menstrual Leave Policies
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In a significant hearing, the Supreme Court considered a plea seeking the implementation of menstrual leave policies under the Maternity Benefit Act. Counsel highlighted that countries like Japan and Indonesia have already adopted such policies.The Chief Justice of India (CJI) noted that a similar plea had previously been made, allowing representations to be made before the Union without receiving a response.
The bench permitted the petitioner to approach the Secretary of Women and Child Development again, ensuring a copy is sent to Additional Solicitor General Bhati.The CJI directed the Secretary to conduct stakeholder consultations with both Union and State representatives to formulate the necessary policies.
Additionally, it was clarified that state governments are not hindered from making independent decisions for the welfare of their employees.
It is pertinent to mention that women, who are the propagators of human life, endure numerous hardships, both mental and physical, during pregnancy. Menstruation is the first step in this process, the cycle that enables women to conceive and give birth to children.
This comes in the backdrop of Bihar’s 1992 policy under Lalu Prasad’s tenure, granting two days of paid menstrual leave for female employees, and Kerala’s recent announcement by Chief Minister Pinarayi Vijayan of a three-day period leave for female students.The petition was disposed of with these directions, aiming to foster policies that support the welfare of female employees across India.