'petitioner can approach women & child ministry', says SC dismisses menstrual leave plea

The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking menstrual leave for students and working women across India. The court noted that the matter fell within the domain of policy-making and only government can decide over the issue.

The petition was filed by Advocate Shailendra Mani Tripathi and a bench comprising Chief Justice of India, DY Chandrachud and Justices PS Narasimha and JB Pardiwala were hearing the case.

During the hearing, an intervenor submitted that allowing menstrual leave might discourage employers from hiring women. The CJI remarking on the submission said if compelled to grant menstrual leave, it may disincentivise them from hiring women.

The bench also opined that the petitioner could file a representation before the Union Ministry of Women and Child Development.

While dictating the order, the CJI said, "Having regard to the policy dimension in the case, the petitioner may approach the Women and Child Ministry to file a representation."

The plea filed by Advocate Tripathi said that not receiving menstrual leave is a violation of Article 14 as women are also citizens of India and must get equal treatment and equal rights.

The plea also highlighted the women's sexual, reproductive and menstrual rights bill introduced in 2018 as a private member's bill asking the public authorities to provide sanitary pads to women freely.