The Supreme Court on Wednesday agreed to examine a public interest litigation (PIL) seeking directions to state governments to frame rules for menstrual pain leaves for female students and working women. The PIL filed by advocate Shailendra Mani Tripathi argued that despite the fact that women suffer from similar physiological and health issues during their menstrual cycles, they are being treated differently in different states of India. The plea contended that while some organizations and states have taken notice of menstrual periods, few states have provided menstrual pain leaves and ancillary benefits. It added that the Maternity Benefit Act, in the name of federalism and state policies, differentiates women, which is a violation of Article 14 of the Constitution.
The PIL cited that several countries, including the UK, China, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia, have already introduced menstrual pain leaves in one form or another. The plea also cited the Clinical Evidence Handbook, which noted that 20% of women suffered from symptoms like cramps and nausea during their periods that were debilitating enough to hamper their daily activities.
Advocate Vishal Tiwari mentioned the plea for an urgent hearing before a bench headed by Chief Justice of India D.Y. Chandrachud, which agreed to consider the plea on February 24. Even though there is no legal obligation, many companies, especially startups in India, have already begun to offer period leaves.
(with input from agency)
