Supreme Court refuses to interfere in 'political issue', asks Centre to consult stakeholders

A bench headed by CJI DY Chandrachud at the Supreme Court on Monday, while hearing the PIL seeking directions to the Union, states and UTs to frame menstrual leave policies for women in the workforce, said sometimes efforts to protect women can work to their disadvantage.

The Supreme Court today ruled on the public information request to establish a menstrual leave policy and ordered the Ministry of Women Affairs to hold meetings with stakeholders to consider developing a policy on the subject.

Supreme Court refuses to intervene in ‘political issue’, asks Centre to consult stakeholders on menstrual leave

The CJI said that there are two views on the issue of menstrual leave policy as on one hand it can encourage more women to join the workforce and on the other hand imposing such leave can lead to women being excluded from the workforce.

“What we are trying to do to protect women may be to their detriment. That is really an aspect of government policy and it is not for the courts to consider…” the court said.

The Supreme Court said the Secretary, Ministry of Women and Child Development, should consult stakeholders on the model policy to be framed in this context.

The Supreme Court noted that the petitioner had submitted a representation to the Centre in May 2023.

“Since the issues raise multiple objectives of state policy, there is no reason for this court to intervene in the light of our earlier order. We permit the petitioner to move the Secretary, Ministry of Women and Child Development… 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 evolved,” the court said while disposing of the plea.

The Supreme Court also said that this directive would not prevent the state government from taking independent decisions on menstrual leave policy.

The PIL invoked the Supreme Court’s jurisdiction under Article 32 and sought directions to the Centre, states and Union Territories to implement policies for granting menstrual leave to women under the Maternity Act.

The PIL petition sought to implement policies to grant menstrual leave under the Maternity Benefit Act.