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'Policy matter', SC refuses to entertain a PIL for menstrual pain leaves

By LawStreet News Network      24 February, 2023 10:59 PM      0 Comments
'Policy matter', SC refuses to entertain a PIL for menstrual pain leaves

NEW DELHI: The Supreme Court on Wednesday said if employers are compelled to grant menstrual pain leaves, it may disincentivise employers to hire women employees.

The top court refused to entertain a PIL for a direction to all the state governments to frame rules for menstrual pain leaves for female students and working women, also saying it is a matter of policy.

A bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala told PIL petitioner advocate Shailendra Mani Tripathi to approach the Ministry of Women and Child Development with his plea.

"This is a policy matter, so we are not dealing with it," the bench said.

Tripathi's petition contended countries like the United Kingdom, Wales, China, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia, already provided menstrual pain leave in one form or another.

However, menstrual periods have been largely disregarded by society, the government and other stakeholders here, except some organisations and state governments.

 



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