Supreme Court asks Centre, states to consider framing model policy on menstrual leave for women

New Delhi: The Supreme Court on Monday said it is up to the Centre and all state governments to determine whether they can frame a menstrual leave policy for students and women at their workplace.

A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra noted that the question is whether such leaves encourage women to join the workforce or whether imposing such a leave could mean that women are excluded from employment.

“This is in fact an aspect of government policy and it is not for the courts to consider it,” the court said.

Advocate Shailendra Mani Tripathi filed the PIL, seeking a direction to the court to allow monthly leave to students and women working at their respective workplaces during their menstrual period across the country.

The court noted that although a representation was submitted by the applicant to the Centre in May 2023, nothing definitive had been decided so far.

Given that the issues raised here were linked to multiple state policy objectives, there was no reason for this court to intervene, the court said.

The Court, however, asked the Centre and the States to consider whether or not they could formulate a model policy on this subject.

“We allow the petitioner to approach the Secretary, Ministry of Women and Child Development and Aishwarya Bhati, Additional Chief Secretary. We direct the Secretary to examine the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be framed,” the court said in its order.

She also clarified in her order that this would not prevent state governments from taking steps in this regard.

Tripathi argued that despite all the provisions made under the law to take care of women during the difficult stages of motherhood, the very first stage of motherhood, the menstrual period, has been knowingly or unknowingly ignored by the society.

“Bihar is the only state in India which has provided two days of special menstrual pain leave to women since 1992,” he said.

“In 1912, the Government Girls’ School at Tripunithura in the erstwhile princely state of Cochin (present-day Ernakulam district) had allowed students to take ‘periodic leave’ during the period of their annual examination and allowed them to take it later,” the plea noted.