NEW DELHI: The Supreme Court on Wednesday agreed to examine a PIL for a direction to all the state governments to frame rules for menstrual pain leaves for female students and working women at their respective work places.
A bench presided over by Chief Justice D Y Chandrachud fixed the PIL filed by advocate Shailendra Mani Tripathi for consideration on February 24.
Advocate Vishal Tiwari mentioned the matter on behalf of the petitioner.
The plea said menstrual periods have been largely disregarded by society, the government and other stakeholders, but some organisations and state governments have taken notice of it.
"A few states provided menstrual pain leaves and ancillary benefits, women in their counterpart states are still bereft of any such benefits. It is accordingly a violation of Article 14 of the Constitution inasmuch as the Maternity Benefit Act differentiates women in the name of federalism and state policies," the plea said.
"Despite the fact that women suffer from similar physiological and health issues during their menstrual cycles, they are being treated differently in different states of India," it added.
The State of Bihar introduced menstrual Leave for women employees in 1992, it said.
The petitioner said the women, having one citizenship, i.e., of India, must be treated equally and should be conferred with equal rights, otherwise, it causes a violation of Article 14 of the Constitution of India.
The plea pointed out there are several companies, especially startups, in India which are offering period leave, even without any legal obligation.
"This portrays that rather than the deep pockets of the company, the will to change the world matters more," it added.
The plea also named countries like the United Kingdom, Wales, China, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia, which are already providing with menstrual pain leave in one form or another.
It also stated that the Endometriosis Society India suggested that over 25 million women suffered from endometriosis, a condition that makes period pain so bad that women may pass out from it.
According to the Clinical Evidence Handbook, 20% of women suffered from symptoms like cramps, nausea, etc that are debilitating enough to hamper daily activities. A research by the University College London revealed that the amount of pain a female goes through while menstruating is equivalent to the pain a person experiences during a heart attack. The pain also reduces an employee's productivity, which affects their work, it said.
