Supreme Court agrees to hear on Feb 24 PIL seeking rules for menstrual pain leave

New Delhi, February 15

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The Supreme Court on Wednesday agreed to take up next week a PIL seeking a direction to the Centre and states/UTs to frame rules for menstrual pain leaves for female students and working women.

A Bench led by Chief Justice of India DY Chandrachud said the petition would be listed for hearing on February 24 after the petitioner’s counsel Vishal Tiwari mentioned it for urgent listing.

Petitioner Shailendra Mani Tripathi, a resident of Delhi, also sought a direction to the Centre and states/UTs to comply with Section 14 of the Maternity Benefit Act, 1961, which deals with appointment of inspectors by the appropriate government and defining the local limits of jurisdiction within which they shall exercise their functions under this law.

Tiwari said the United Kingdom, China, Wales, Japan, Taiwan, Indonesia, South Korea, Spain and Zambia were already providing menstrual pain leave in one form or the other.

Bihar is the only state which has been providing two days of special menstrual pain leave to women since 1992, the petitioner said, adding there were some Indian companies that offered paid period leaves which include Zomato, Byju’s and Swiggy.

It said the provisions of law under the 1961 Act are one of the “greatest steps” taken by Parliament to recognise and respect motherhood and maternity of working women.

It said the central civil services (CCS) leave rules have made provisions like child care leave for women for a period of 730 days during her entire service period to take care of her first two children till they attain the age of 18 years.

The plea said this rule has also given 15 days of paternity leave to male employees to take care of a child which is another great step of a welfare state in recognising the rights and problems of working women.

“Definitely even today also, in several organizations, including government organizations, these provisions are not being implemented in their true spirit and with the same legislative intent with which it was enacted but at the same time one of the biggest aspects of this whole issue or one of the very basic problems related to maternity which are faced by every woman has been completely ignored by the legislature in this very good law and also by the executive while making rules, specifically the leave rules,” the petition said.