The Supreme Court on Friday abstain from entertaining a public interest action( PIL) seeking directive to all the state governments to frame rules for menstrual pain leaves to womanish scholars and working- class women at their separate workplaces. A bench, led by Chief Justice of India Dhananjaya Y Chandrachud, observed that not only the matter is within the realm of a policy decision, a directive of this kind may inhibit prospective retainers from hiring women for jobs.
“ Having regard to the policy views, it would be applicable if the supplicant approaches women and child development ministry. The solicitation is consequently disposed of, ” said the bench, which also included judges PS Narasimha and JB Pardiwala.
During the brief hail, the bench set up favour with the views of a counsel intermediating in the matter that any judicial accreditation may actually provecounter-productive for women.
“ We didn’t entertain this but he has apoint.However, it may disincentivise them from hiring women, If you impel employers to grant menstrual leave. Also, this is easily a policymatter.So, we aren’t dealing with this, ” added the court.
The PIL by advocate Shailendra Mani Tripathi belabor upon the 1961 Maternity Benefit Act for allowing yearly leave for girl scholars and working women at their separate workplaces during their menstrual cycle.
Tripathi contended that the Act makes vittles for nearly all the problems faced by women related to motherliness in their true spirit.
“ The vittles of the Act have made it obligatory for employers to grant paid leave to its women workers for a certain number of days during her gestation, in case of confinement, for tubectomy operation, and also in case of illness as well as medical complications arising out of these stages of motherliness, ” said the plea, claiming the state governments have failed in complying with the law in the letter and spirit.
Tripathi prompted the court to issue directive to the state governments for framing suitable leave rules for menstrual pain leaves for womanish scholars and working- class women at their separate workplaces.
