SC observes plea over menstrual pain leaves as policy matter of govt
Plea seeking menstrual leaves: The Supreme Court refused to hear plea over menstrual pain leaves and asked the petitioner to give representation to the Centre on the plea seeking to frame rules for menstrual pain leaves for female students and working-class women at their respective workplaces.
The court observed that this is the policy matter and petitioner should approach the Ministry of women and child development with his plea, the top court said and disposed of the plea with these observations.
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Notably, the petition has been filed by a law student, who has filed a caveat to the petition. The caveat pointed out that if one compels employers to grant menstrual leave, it would de facto operate as a disincentive to engage women as employees.
The court was hearing a plea seeking to direct all the states to frame rules for menstrual pain leaves for female students and working-class women at their respective workplaces and compliance with section 14 of the Maternity Benefit Act 1961. The plea has been filed by advocate Shailendra Mani Tripathi.
Notably, the Maternity Benefit Act, of 1961 makes provisions for almost all the problems faced by women related to maternity in their true spirit, which can be understood by the provisions Under Sections 5, 5A, 5B, 6, 7, 8, 9, 9A, 10, 11, 11A, 12 and 13 which have made it mandatory for the employers to grant paid leave to its women employees for a certain number of days during her pregnancy, in case of miscarriage, for tubectomy operation and also in case of illness as well as medical complications arising out of these stages of maternity.
There is also rule for male employees to take 15 days of paternity leave to take care of their child, which is another great step of a welfare state in recognizing the rights and problems of working women.
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The petitioner has sought to direct all the states to frame rules for menstrual pain leaves for female students and working-class women at their respective workplaces. The petition also sought to issue directions to all the states and government of India for compliance of section 14 of the Maternity Benefit Act 1961.