The Center should prepare a model policy on menstrual leave for women, the Supreme Court’s important instruction to the government

Important instructions of Supreme Court

Menstrual leave for women, The Supreme Court on Monday directed the Central government to formulate a model policy on menstrual leave for women employees in consultation with the states and other stakeholders. A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said the issue is a matter of policy and not for the courts to consider. Moreover, the court’s decision regarding granting such leave to women may prove to be prejudicial and detrimental, as employers may refrain from hiring them, the bench said.

The court said, this is a government policy issue

The bench questioned the petitioner as to how such a leave would encourage more women to be part of the workforce. It said that making such a leave mandatory would drive women away from the workforce. … We do not want that. The bench said that this is actually a government policy issue and not for the courts to consider. The petitioner says that a representation was submitted to the Center in May 2023. Since, the issue raises diverse objectives of government policy, this court has no reason to interfere in the light of our previous order.

Consult with all stakeholders

However, the bench allowed advocate Rakesh Khanna, appearing for the petitioner and advocate Shailendra Tripathi, to approach the Secretary of the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati. The bench directed that we request the secretary to consider this matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be made.

The center has not yet decided

The apex court made it clear that if the states take any steps in this regard, the Centre’s consultation process will not come in their way. The court had earlier disposed of a petition requesting menstrual leave for girl students and working women across the country. The apex court had then said that since the issue is policy related, a representation can be submitted to the Centre. The senior lawyer said that no decision has been taken by the Centre yet.