Supreme Court asks Centre to hold stakeholder consultation on model policy for menstrual leave

The Supreme Court on Monday directed the Central government to hold a stakeholder consultation to consider framing a model policy for a provision of menstrual leave for women employees [Shailendra Tripathi vs Union of India and ors]..The bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra passed the direction in a petition moved by advocate Shailendra Tripathi/The Court said that it is a matter of government policy and permitted the petitioner to approach the Secretary of Ministry of Women and Child Development on the issue."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," the Court ordered. .While the Court directed the Centre to hold the consultation with State governments as well, it clarified that the present order will not prevent the States from taking independent decisions regard menstrual leave..Pertinently, the Court had last year 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. A Bench of CJI Chandrachud, Justice PS Narasimha and Justice Pardiwala had then reasoned that since there was a policy dimension in the case, the petitioner could file a representation before the Central government..Tripathi's counsel today told the Court that his representation had not been responded to. However, CJI Chandrachud reiterated that the demand cannot be dealt with by the courts as it involved a policy matter.The CJI also remarked that there was also a view that mandating menstrual leaves may lead to employers not giving jobs to women."How that leave encourages more women to be part of the workforce and mandating such leaves will lead to women being shunned from workforce... we do not want that. What we try to do to protect woman can act to their disadvantage. This is actually a government policy aspect and not for the courts to look into," Justice Chandrachud said..Considering the same, the Court asked the petitioner to again approach the government with his demand..[Read Order]