PIL Seeking Menstrual Leave Filed Before Supreme Court

A Public Interest Litigation (PIL) seeking menstrual leave for female students and working women across India has been filed in the Supreme Court of India. The petition has been filed by Advocate Shailendra Mani Tripathi.

The petition cites a study by the University College London as per which the amount of pain a female goes through while menstruating is equivalent to the pain a person experiences during a heart attack. Stating that such pain reduces an employee’s productivity and affects their work, the petition argues that that some Indian companies such as Ivipanan, Zomato, Byju’s, Swiggy , Mathrubhumi, Magzter, Industry, ARC, FlyMyBiz and Gozoop offer paid period leaves.

It further contends that while some states provided menstrual pain leaves and ancillary benefits, women in their counterpart states were still bereft of any such benefits. As per the petition–

"It is accordingly a violation of Article 14 inasmuch 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 right."

The petition also highlights that in 2018, Dr. Shashi Tharoor had introduced the Women's Sexual, Reproductive and Menstrual Rights Bill which proposed that sanitary pads should be made freely available for women by public authorities on their premises. Further the other related Bill,  Menstruation Benefits Bill, 2017 was represented in 2022 on the first day of the Budget Session, but the Legislative Assembly disregarded it as it was an ‘unclean’ topic. As per the petition, this portrays a lack of legislative will to move forward with the concept of menstrual pain leave.

"The United Kingdom, Wales, China, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia are already providing with menstrual pain leave in one form or another...Delhi High Court directed center and Delhi Government to consider PIL seeking menstrual leave as representation. Union Minister Smt. Smriti Irani in a written reply in Lok Sabha said that the “Central Civil Service (Leave) Rules 1972 do not have any provisions for menstrual leave and presently there," the petition says.