SC agress to hear next week plea seeking direction to all states for menstrual pain leave

Supreme Court agreed to hear next week a plea seeking a direction to all the states to frame rules for menstrual pain leaves for female students and working women at their respective work places.

The plea was mentioned for urgent listing before a bench headed by Chief Justice D Y Chandrachud, which said it would be listed on February 24.

The petition, filed by Delhi resident Shailendra Mani Tripathi, has also sought a direction to the Centre and all the states for compliance of section 14 of the Maternity Benefit Act, 1961.

Section 14 of the Act deals with appointment of inspectors and says appropriate government may appoint such officers and may define the local limits of jurisdiction within which they shall exercise their functions under this law.

The plea, which was mentioned for urgent listing by petitioner’s advocate Vishal Tiwari, said countries like the United Kingdom, China, Wales, Japan, Taiwan, Indonesia, South Korea, Spain and Zambia are already providing menstrual pain leave in one form or the other.

It said only women are empowered to propagate the human race with their special ability of creation and during different stages of maternity, she undergoes a number of physical and mental hardships, be it menstruation, pregnancy, miscarriage or any other related medical complications.

Ironically, the most disappointing aspect in the direction of respecting the rights of working women, is that in spite of a provision under section 14 of the Maternity Benefit Act, 1961, that there will be an inspector for a particular area to monitor the implementation of such great provisions, no government in India has created the post of inspectors, forget about the appointment of such inspectors, the plea claimed.

Definitely even today also, in several organisations including government organisations 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.

In spite of making all the above mentioned provisions in law to take care of women in difficult stages of her maternity, the very first stage of the maternity, the menstrual period, has been knowingly or unknowingly ignored by society, the legislature and other stake holders in society except few organisations and state governments, it alleged.