Menstrual Pain Leave: SC Refuses to Hear Plea, Says it’s a Policy Matter of Govt

New Delhi: The Supreme Court on Friday refused to entertain a PIL seeking menstrual pain leave for female students and working women across the country.

A bench headed by Chief Justice of India DY Chandrachud said, “The plea has been filed under Article 32, and seeks leave for menstrual pain for students and women employees. Having regard to the policy dimension in the case, the petitioner may approach the women and child ministry to file a representation. Petition is disposed of.”

Interestingly during the hearing, a caveator appearing for law students told the SC bench that if this plea was entertained, then she would suffer in all walks of life

Responding to that, the CJI said, “Who are you? There is a PIL, but who are you? Yes, employers may not want to hire. You have a point.”

“This is a policy matter. We did not like the law student to jump into this, but she has a valid point that if such leaves are compelled, then it would de facto operate as a disincentive to engage women as employees,” the CJI said, asking the lawyer to make a representation to the Women and Child Development Ministry.

The plea urging for regulations for menstrual pain leave was filed by Advocate Vishal Tiwary. The plea stated that countries like the UK, Wales, China, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia were already allowing menstrual pain leave in one form or another.