New Delhi: The Supreme Court of India on Friday refrained from entertaining a PIL seeking direction to all the state governments to frame rules for menstrual pain leaves for female students and working-class women at their respective workplaces.
The petition was filed by Delhi resident Shailendra Mani Tripathi, who sought direction from the Centre and all the states for compliance with section 14 of the Maternity Benefit Act, 1961.
According to the petition, the Maternity Benefit Act, 1961, makes provisions for almost all the problems faced by women related to maternity in their true spirit.
A bench, led by Chief Justice of India Dhananjaya Y Chandrachud, observed that not only the matter is within the realm of a policy decision, a directive of this sort may dissuade prospective employes from hiring women for jobs.
“Having regard to the policy views, it would be appropriate if the petitioner approaches women and child development ministry. The petition is accordingly disposed of,” said the bench, which also included justices PS Narasimha and JB Pardiwala.
During the brief hearing, the bench found favour with the views of a lawyer intervening in the matter that any judicial mandate may actually prove counter-productive for women.
“We did not entertain this but he has a point. If you compel employers to grant menstrual leave, it may disincentivise them from hiring women. Also, this is clearly a policy matter…So, we are not dealing with this,” added the court.
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