New Delhi: The Supreme Court on Monday said that making menstrual leave mandatory for women by law may harm them and keep them away from work. The court also stressed that it is the job of the government to take this decision, not the court. The Supreme Court directed the Central Government to prepare a model policy on menstrual leave for women employees in consultation with the states and other stakeholders.
'This decision could prove harmful for women'A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said that the issue is related to policy and should not be considered by the court. He said that apart from this, the court's decision to give such leave to women can prove to be adverse and 'harmful', as companies may avoid hiring them. The Supreme Court questioned the petitioner as to how such leave will encourage more women to be part of the workforce. The court said, 'Making such leave mandatory will drive women away from the workforce. … We do not want this.'
'This is a question of government policies'The court also said that there is a question of many government policies in this matter and there is no need for the court to interfere in it. The court has allowed the female petitioner to contact the Secretary of the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati. The court also said that it hopes that the secretary will talk to everyone and see if an ideal policy can be made on this matter.
'States can take action'
The Supreme Court directed, 'We request the Secretary to consider this matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be made.' The court clarified that if the states take any step in this regard, the consultation process of the Center will not come in their way.
The Supreme Court had earlier disposed of a petition seeking menstrual leave for girl students and working women across the country. The court had then said that since this is a policy issue, a memorandum can be submitted to the Centre. The senior lawyer said that the Centre has not taken any decision yet.
(With agency inputs)
