PIL for Menstrual Pain Leave to be heard in Supreme Court on 24 February

By: WE Staff | Wednesday, 15 February 2023

Denial of Menstrual Pain leaves is a violation of women's right to equality under Article 14 of the Constitution. A PIL has requested the Supreme Court regarding leaves for menstrual pain of women who are students and working in different firms. On Wednesday the request has been accepted by the court and the appeal will be heard on February 24 by Chief Justice of India DY Chandrachud.

The petition mentions about the ignorance of society, the government, and other stakeholders towards the menstrual cycle but some firms and state governments have taken it to notice, says Advocate Vishal Tiwari. It also mentioned the organizations that grant paid period leaves which include, Byju's, Zomato, FlyMyBiz, Ivipanan, Swiggy, Magzter, Gozoop, Mathrubhumi, ARC, and Industry.

The petition requests the Supreme Court to order the state governments that have not yet passed the order to create menstrual pain leaves. It also stated Article 14 of the Maternity Benefit Act which says about the appointing of inspectors to enforce the Act's requirements. According to online research, Bihar is the only state of India to grant special menstrual pain leaves and Meghalaya is the only state to announce the employment of such officers as per a 1992 policy.

Countries such as China, Japan, South Korea, Zambia, Spain, Taiwan, Indonesia, and the United Kingdom have already started providing leaves for menstrual pain. Such implementation should be granted in Indian states as well as there is a lack of legislation to address this concept, cited in the petition.