Editor's Pick: SC leaves menstrual leave policy to Centre

The Supreme Court on Friday said there are different “dimensions” to menstrual pain leave, which though being a biological process, may also act as a “disincentive” for employers from engaging women in their establishments. A three-judge Bench led by Chief Justice of India D.Y. Chandrachud asked the petitioner to approach the Union Ministry of Women and Child Development Ministry to frame a policy. The court was hearing a petition filed by Shailendra Mani Tripathi, represented by advocate Vishal Tiwari, seeking a direction to States to frame rules for granting menstrual pain leave for students and working women in workplaces. However, the court was also intrigued by a caveat filed by law student, Anjale Patel, represented by advocate Satya Mitra, who raised a flip side to such a move. “The law student says that if you compel employers to grant menstrual pain leave, it may operate as a de facto disincentive for employers to engage women in their establishments… This has a policy dimension,” Chief Justice Chandrachud observed. Mr. Tiwari said menstruation was a biological process and women should not be discriminated against in educational institutions and workplaces. “We are not denying it… But the student says that is what employers may do in actual practice. There are different dimensions to the issue, we will leave it to the policy makers. Let them first formulate a policy, we will consider it then,” Chief Justice Chandrachud said. “Having regard to the policy dimensions involved in the matter, we are of the considered view that the petitioner make a representation to the Ministry of Women and Child Development, which may take an appropriate decision on the grievance of the petitioner,” the court recorded in its order. Mr. Tiwari said Bihar and Kerala are the only States that allow menstrual pain leave. He had sought a direction from the court under Section 14 of the Maternity Benefit Act, 1961. Section 14 deals with appointment of inspectors and says appropriate governments may appoint such officers and may define the local limits of jurisdiction within which they shall exercise their functions under this law. The plea said countries including the U.K., China, Japan, Spain and Zambia were already providing menstrual pain leave in one form or the other. With the Supreme Court now asking the Centre to decide whether women should be entitled to menstrual leave, this becomes an important story. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. Click here. The Hindu’s Editorials Not neutral: On India’s stand on Ukraine at the U.N. Single stroke: On the Supreme Court ruling in favour of Edappadi Palaniswami The Hindu’s Daily News Quiz Which country recently approved a $442-million wind power project of Adani Green Energy? China Sri Lanka Bangladesh Nepal To know the answer and to play the full quiz, click here. [logo] Editor's Pick 25 FEBRUARY 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( SC leaves menstrual leave policy to Centre The [Supreme Court on Friday said there are different “dimensions” to menstrual pain leave]( which though being a biological process, may also act as a “disincentive” for employers from engaging women in their establishments. A three-judge Bench led by Chief Justice of India D.Y. Chandrachud asked the petitioner to approach the Union Ministry of Women and Child Development Ministry to frame a policy. The court was hearing a petition filed by Shailendra Mani Tripathi, represented by advocate Vishal Tiwari, seeking a direction to States to frame rules for granting menstrual pain leave for students and working women in workplaces. However, the court was also intrigued by a caveat filed by law student, Anjale Patel, represented by advocate Satya Mitra, who raised a flip side to such a move. “The law student says that if you compel employers to grant menstrual pain leave, it may operate as a de facto disincentive for employers to engage women in their establishments… This has a policy dimension,” Chief Justice Chandrachud observed. Mr. Tiwari said menstruation was a biological process and women should not be discriminated against in educational institutions and workplaces. “We are not denying it… But the student says that is what employers may do in actual practice. There are different dimensions to the issue, we will leave it to the policy makers. Let them first formulate a policy, we will consider it then,” Chief Justice Chandrachud said.  “Having regard to the policy dimensions involved in the matter, we are of the considered view that the petitioner make a representation to the Ministry of Women and Child Development, which may take an appropriate decision on the grievance of the petitioner,” the court recorded in its order. Mr. Tiwari said Bihar and Kerala are the only States that allow menstrual pain leave. He had sought a direction from the court under Section 14 of the Maternity Benefit Act, 1961. Section 14 deals with appointment of inspectors and says appropriate governments may appoint such officers and may define the local limits of jurisdiction within which they shall exercise their functions under this law. The plea said countries including the U.K., China, Japan, Spain and Zambia were already providing menstrual pain leave in one form or the other. 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