The Supreme Court of India has urged the Union Government to evaluate the feasibility of implementing a model policy on menstrual leave for women employees. This directive was issued on July 8, 2024, by a bench comprising the Chief Justice of India, Justice J.B. Pardiwala, and Justice Manoj Misra.
It is worth noting that this is not the first time the petitioner, Shailendra Mani Tripathi, has brought this issue before the Court. The petitioner had earlier requested the Court to instruct the States to formulate a policy granting menstrual pain leave to female students and working women, proposing that this be included under the Maternity Benefit Act of 1961.
On February 24, 2023, the Court directed the petitioner to submit a representation to the Union Ministry of Women and Child Development, leaving it to the Ministry to take an appropriate decision. As a result, the petition was disposed of.
However, in the current petition, the petitioner expressed concern that despite submitting a representation on May 19, 2023, to the Union Ministry of Women and Child Development and other relevant authorities, no response has been received to date.
The Court, while recognizing the significance of the issue, emphasized that it is a policy matter more appropriately handled by the government rather than the judiciary.
The Supreme Court has instructed the Ministry of Women and Child Development to consult with states and other stakeholders before finalizing the policy. Although the Court has declined to mandate menstrual leave, it has encouraged the government to take the initiative on this important issue.