SC Dismisses Plea Seeking Menstrual Leave, Asks Centre To Hold Talks With Stakeholders, States To Decide On Policy Framework

The Supreme Court, on Monday, disposed of a PIL seeking menstrual leave for female employees, and asked the Centre to hold talks with all stakeholders and the state governments to decide if a model policy can be framed in this regard, reported news agency ANI. 

A three-judge bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra passed the direction in a petition moved by advocate Shailendra Tripathi.

The SC observed that while menstrual leaves may encourage more women to participate in the workforce, mandating such leaves may lead to women being shunned from workplaces. 

"How that leave encourages more women to be part of the workforce and mandating such leaves will lead to women being shunned from workforce... we do not want that. What we try to do to protect woman can act to their disadvantage. This is actually a government policy aspect and not for the courts to look into," said CJI.

The bench further observed that the matter is a policy decision which can be attended by the Centre and the state governments and asked the petitioner to move before the ministry of Women and Child Development with this plea.