SC rejects the menstrual leave plea in schools & workplaces

While dismissing the plea, CJI Chandrachud says it would be more appropriate for the petitioner to approach the Ministry of Women and Child Development, taking into account policy views. 

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On February 24, 2023, the Chief Justice of India, DY Chandrachud presided over a hearing at the Supreme Court of India regarding a petition for menstrual leaves for women and students in schools and colleges. However, the petition was subsequently dismissed by the court. CJI Chandrachud suggested that the matter be taken up by the Ministry of Women and Child Development instead.

The CJI, DY Chandrachud, stated that it would be more appropriate for the petitioner to approach the Ministry of Women and Child Development, taking into account policy views. 

In addition to advocating for the implementation of menstrual leaves for female students and workers, the Public Interest Litigation (PIL) filed also called for the proper implementation of Section 14 of the Maternity Benefit Act of 1961.

The petitioner cited a study conducted by University College London, which asserted that menstrual pain is as severe as  that of a heart attack. Despite this, India has yet to introduce menstrual leaves for women and female students. Taking a lead in this, the Kerala Government, recently extended menstrual leaves to female students attending colleges and universities affiliated with the Department of Higher Education. The petitioner had requested that all state governments implement regulations to support this initiative.

However, directing the matter to be taken up with the Ministry of Women and Child Development, the petition requesting the extension of period leaves to female students and working-class women in educational institutes and workplaces was today dismissed. 

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