Menstrual Leave For Women

Supreme Court declines to entertain PIL, says issue within the policy domain

The Supreme Court on Friday disposed of a plea seeking menstrual pain leave for female students and working women across India while allowing petitioners to make a representation before the Central government [Shailendra Mani Tripathi v. Union of India].

A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that since there was a policy dimension in the case, the petitioner could file a representation before the Union Ministry of Women & Child Development.

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

However, 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.