Why did SC junk ‘period leave’ PIL? Details

The Supreme Court refrained from entertaining a PIL seeking directive to all the state governments to frame rules for menstrual pain leaves to female students and working-class women at their respective workplaces. A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that since there was a policy dimension in the case. The court, however, asked the Union government to examine taking a policy decision on the issue and said that the petitioner could file a representation before the Union Ministry of Women & Child Development. “Having regard to the policy dimension in the case, the petitioner may approach the Women and Child Ministry to file a representation,” the CJI said.

The issue

In India, there is no legal infrastructure that allows women to take menstrual leave. Menstruation is the vaginal bleeding that women experience every month. Some women undergo sever pain during the period, impacting their physical and emotional health. Various studies have stated that women who experience “discrimination at work, from friends, or from family members are more likely to experience depression during their periods”. Femina, citing a study, reports that only 27% of working women who experienced period pain could tell when it was time for their period. This is closely related to the fact that many people do not accept menstruation. There is no legislation in India to allow women the right to take menstrual leave. The UK, China, Japan, Indonesia, South Korea, and Zambia provide menstrual leaves in some form, with Spain being the latest addition to the list.

‘Will impact women employment’

A mandatory ‘period leave’ could adversely impact employment of women in private sectors. The bench saw merit in the argument and left it to the policy decision of the Union government.  However, some companies, such as Byju’s, Zomato, and Culture Magazine, offer this benefit to their female employees.

Women face differential treatment

Advocate Shailendra Mani Tripathi, who filed the PIL, argues that menstrual leaves can ensure better working conditions for women. She harped upon the 1961 Maternity Benefit Act for allowing monthly leave for girl students and working women, contending that the Act makes provisions for almost all the problems faced by women related to maternity in their true spirit. “The provisions of the Act have made it mandatory for employers to grant paid leave to its women employees for a certain number of days during her pregnancy, in case of miscarriage, for tubectomy operation, and also in case of illness as well as medical complications arising out of these stages of maternity,” said the plea.   She claimed that women are being treated differently in different states of India in the name of federalism. This differential treatment is a violation of Article 14 of the Constitution, which promises equality before the law as a fundamental right, the petition argued. The PIL said that women suffer from physiological and health issues during their menstrual cycles.

Call for menstrual leave policy

For quite some time, women rights activists have been urging the government to put in place a menstrual leave policy to make the workplace environment conducive for women. Only Bihar and Kerala had introduced paid menstrual leave for two days for women employees. While Kerala announced menstrual leave last month, Bihar can take pride in having such a provision way back in 1992 when the then government declared that all women employees would get two consecutive days of leave every month, apart from their usual offs.

Bill introduced in Parliament

The Union government too gave a thought on it when Ninong Ering, a parliamentarian from Arunachal Pradesh, introduced ‘The Menstruation Benefits Bill, 2017’ in Parliament.  Under the Bill, women employed in public and private firms registered with the Central and/or state governments would be given two days ‘period leave every month, which would amount to 24 days of leave annually.

-INDIA NEWS STREAM