New Delhi: The Supreme Court on Monday directed the Center to formulate a model policy on menstrual leave for employees by holding consultations with states and other stakeholders.
A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the issue was related to politics and was not a matter for courts to consider. Furthermore, a court decision on granting such leave to women may be counterproductive and “detrimental” to the cause, as employers may avoid hiring them.
How will the license encourage more women to join the workforce, the court asked the petitioner, saying that requiring such a license will lead to women "being excluded from the workforce." "...we don't want that," the court said.
"This is really an issue of government policy and should not be reviewed by the courts," he said.
“The petitioner says that a complaint was filed with the Center in May 2023. Since the issues raise multiple state policy objectives, there is no reason for this court to intervene in light of our earlier order,” he said.
However, the court allowed advocate Rakesh Khanna, representing petitioner and advocate Shailendra Tripathi, to transfer Ministry of Women and Child Development Secretary and Additional Solicitor General Aishwarya Bhati.
"We request the secretary to examine the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be formulated," she ordered.
The court made it clear that the Centre's consultation process will not come in the way of states taking any action in this regard.
The top court had earlier decided a petition seeking leave for menstrual pain for women students and workers across the country.
He then said that since the issue falls within the political realm, a complaint can be lodged with the Centre. The senior lawyer said no decision has been taken by the Center till date.
A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the issue was related to politics and was not a matter for courts to consider. Furthermore, a court decision on granting such leave to women may be counterproductive and “detrimental” to the cause, as employers may avoid hiring them.
How will the license encourage more women to join the workforce, the court asked the petitioner, saying that requiring such a license will lead to women "being excluded from the workforce." "...we don't want that," the court said.
"This is really an issue of government policy and should not be reviewed by the courts," he said.
“The petitioner says that a complaint was filed with the Center in May 2023. Since the issues raise multiple state policy objectives, there is no reason for this court to intervene in light of our earlier order,” he said.
However, the court allowed advocate Rakesh Khanna, representing petitioner and advocate Shailendra Tripathi, to transfer Ministry of Women and Child Development Secretary and Additional Solicitor General Aishwarya Bhati.
"We request the secretary to examine the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be formulated," she ordered.
The court made it clear that the Centre's consultation process will not come in the way of states taking any action in this regard.
The top court had earlier decided a petition seeking leave for menstrual pain for women students and workers across the country.
He then said that since the issue falls within the political realm, a complaint can be lodged with the Centre. The senior lawyer said no decision has been taken by the Center till date.
