It’s a policy decision, says Supreme Court on menstrual leave

CJI D.Y. Chandrachud asked the petitioner to approach Union Ministry of Women and Child Development to frame a policy on menstrual leave

New-Delhi: The Supreme Court on Friday refused to entertain a PIL seeking menstrual leave for female students and working women across India stating that the matter fell within the domain of policy.

The Court was hearing a petition filed by Shailendra Mani Tripathi seeking to frame rules for menstrual pain leave for students and working women.

A three-judge Bench led by Chief Justice of India D.Y. Chandrachud directed them to approach the Union Ministry of Women and Child Development Ministry to frame a policy.

“Having regard to the policy dimension in the case, the petitioner may approach the Women and Child Ministry to file a representation,” DY Chandrachud said.

The petition argued that women don’t have equal rights in India.

“It is accordingly a violation of article 14 in as much as this act differentiates women in the name of federalism and state policies. Despite that women suffer from similar physiological and health issues during their menstrual cycles, they are being treated differently in different states of India. However, women, having one citizenship, i.e., of India, must be treated equally and shall be conferred with equal rights,” it said.

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