'This Is A Govt Policy Aspect, Not For The Courts To Look Into': SC Responds To Menstrual Leave Plea

The Supreme Court on Monday responded to a plea regarding menstrual leave for women employees, cautioning that mandating such leave could result in women “being shunned from the workforce.”

“How will this leave encourage more women to join the workforce?” the court asked the petitioner, expressing concerns that making such leave mandatory might lead to women “being shunned from the workforce”.

A bench consisting of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra stated that the matter pertained to policy and was not within the purview of the courts and directed the central government to develop a model policy through consultations with states and stakeholders.

“This is actually a government policy aspect and not for the courts to look into,” the bench asserted.

“Petitioner says that a representation was submitted to the Centre in May 2023. Since the issues raise multifarious objectives of state policy, there is no reason for this court to intervene in light of our previous order,” it added.

The court also argued that a decision granting such leave to women could potentially be ‘counterproductive and detrimental’ to their cause, as employers may avoid employing them.

The bench, however, permitted lawyer Rakesh Khanna, appearing for petitioner and lawyer Shailendra Tripathi, to move the secretary of the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati.

“We request the secretary to look into the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be framed,” it ordered.

The court clarified that the Centre’s consultation process would not obstruct states from taking any steps in this regard.

Earlier, the top court had dismissed a plea seeking menstrual pain leave for women students and working women across the country.

At that time, the court had stated that as the issue falls under the policy domain, a representation could be submitted to the Centre. The senior lawyer noted that as of now, no decision has been made by the Centre.

(With inputs from PTI)