Today(on 8th July),The Supreme Court has dismissed a PIL seeking menstrual leave for women employees, instead urging the Centre to engage stakeholders and state governments to develop a model policy on the matter. The Court recognized the potential of menstrual leave to enhance women’s workforce participation.
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NEW DELHI: Today(on 8th July),The Supreme Court has disposed of a Public Interest Litigation (PIL) that sought menstrual leave for women employees, urging the Centre to engage in consultations with all relevant stakeholders and state governments. The Court suggested that these discussions could lead to the formulation of a model policy regarding menstrual leave.
During the proceedings, the Supreme Court acknowledged the potential benefits of menstrual leave in encouraging greater participation of women in the workforce.
“Menstrual leave could motivate greater participation of women in the workforce.”
-observed the Court.
However, it also highlighted the possible adverse effects of such a mandate, cautioning that-
“Mandating such leaves could potentially result in women facing exclusion from the workforce, which we aim to avoid.”
The Court emphasized the need for a balanced approach, noting that protective measures should not inadvertently harm the very group they intend to support.
“Our efforts to protect women can sometimes unintentionally disadvantage them.”
-it stated.
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The Supreme Court clarified that the issue of menstrual leave is a policy decision best addressed by the Centre and the states. It advised the petitioner to direct their plea to the Ministry of Women and Child Development for further consideration.
“This is a policy decision that can be addressed by both the Centre and the States.”
– the Court remarked,
adding that the petitioner should-
“present his plea to the Ministry of Women and Child Development.”
The Court’s ruling underscores the importance of a comprehensive dialogue involving all stakeholders to ensure that any policy on menstrual leave is both supportive and practical. By advocating for a collaborative approach, the Supreme Court has highlighted the need for policies that empower women without inadvertently causing exclusion from the workforce.
This ruling marks a pivotal moment in the ongoing discussion about workplace policies and gender equality. As the Centre and state governments deliberate on the feasibility and implementation of a menstrual leave policy, the focus will remain on creating an environment that supports women’s health and well-being while fostering their active participation in the workforce.
The petitioner, having been directed to the Ministry of Women and Child Development, now has the opportunity to present their case directly to policymakers. This move is expected to catalyze further discussions and potentially pave the way for a more inclusive and considerate approach to women’s health issues in the workplace.
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