In view of the problems related to menstruation, the Supreme Court refused to hear the demand for making a provision for giving leave to women employees. The court said that such a mandatory system can make it difficult for women to get jobs. It would be better to leave this matter to the government. The central government can make some arrangement after discussing with all the concerned parties.
During the hearing, the bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said, ‘Don’t consider women so weak. Your demand may sound right, but it will only harm women. If paid period leave is made mandatory, no one will want to employ them.
After this, the bench said that such a requirement can affect the judicial services also. This will make it difficult for a woman judge to give any case. After this the court said that the petitioner has given a memorandum to the government. She can make some arrangements after discussing with all the concerned governments and institutions.
Earlier on 24 February 2023, the Supreme Court had refused to hear the petition of petitioner Shailendra Mani Tripathi. Then the court had said that this is a policy issue. For this, a memorandum should be given to the Ministry of Women and Child Development. The petitioner had again approached the Supreme Court saying that the government has not yet taken any decision on his memorandum.
It was said in the petition that women get leave for pregnancy, but not for menstruation. This is also an important topic related to the physical and mental health of women. Some states including Bihar have made a provision for 2 days holiday in a month. Every state should be instructed to make such rules or a law should be passed for this at the central level. In the petition, the laws made in many countries like United Kingdom, Japan, Taiwan to give leave to women during menstruation were also cited.
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