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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Menstrual Pain Leave: SC Refuses to Entertain PIL

Menstrual Pain Leave: SC Refuses to Entertain PIL

“Precisely what menstruation is, is not yet very well known. ” – G. Stanley Hall

The Supreme Court, in the case of Shailendra Mani Tripathi v. Union of India, disposed of a please seeking menstrual pain leave for female students and working women across the nation. Although the Apex Court allowed the petitioner to make a representation before the central government. It was contended that menstrual periods have been largely disregarded by society, the government and other stakeholders. 

A bench consisting of CJI DY Chandrachud and  Justices PS Narasimha and JB Pardiwala, said “Having regard to the policy dimension in the case, the petitioner may approach the Women and Child Ministry to file a representation. ” The Bench agreed with the submission of a caveator law student that if such leave is compelled, it would automatically operate as a disincentive to engage women as employees. 

It is pertinent to note that companies like Ivipanan, Zomato, Byju’s, Swiggy, Mathrubhumi, Magzter, Industry, ARC, FlyMyBiz, and Gozoop, provide paid period leave. A few days ago, Spain also approved a law to introduce paid menstruation leave.