A bench, headed by CJI D.Y. Chandrachud, asked the PIL litigant to file a complaint with the Secretary, Union Ministry of Women and Child Development with a copy to Additional Solicitor General Aishwarya Bhati.
In resolving the declaration, the Court, also composed of judges J.B. Pardiwala and Manoj Misra, said, "We request the Union Secretary, Ministry of Women and Child Development to look into the matter. After due consultation with all stakeholders, both the Union and the States "We will consider whether it is feasible to develop a model policy on menstrual leave."
The apex court warned that imposing a menstrual leave policy could prevent employers from hiring women in the workplace, and clarified that its order will not hamper the formulation of a separate policy by the state government.
"This menstrual leave policy is purely a 'policy issue' that needs to be considered at the government level," he stressed.
The petitioner stated that many private organizations in the country have adopted menstrual leave policies on their own and that around the world, including the United Kingdom, China, Japan, Taiwan, Indonesia, South Korea, Spain and Zambia, such a policy is already in place. in force.
The plea, filed through advocate Shashank Singh, said that a woman's "menstrual status" is not only her personal and intrinsic right to privacy but must be treated without discrimination and with dignity.
"This would require the State to take measures that provide necessary relief to a woman during menstrual pain so that she can cope with the suffering and protect her personal right with dignity under Article 21 of the Constitution."
In December last year, then Union Women and Child Development Minister Smriti Irani, in a statement in Rajya Sabha, said menstruation does not require a specific policy for granting paid leaves.
In resolving the declaration, the Court, also composed of judges J.B. Pardiwala and Manoj Misra, said, "We request the Union Secretary, Ministry of Women and Child Development to look into the matter. After due consultation with all stakeholders, both the Union and the States "We will consider whether it is feasible to develop a model policy on menstrual leave."
The apex court warned that imposing a menstrual leave policy could prevent employers from hiring women in the workplace, and clarified that its order will not hamper the formulation of a separate policy by the state government.
"This menstrual leave policy is purely a 'policy issue' that needs to be considered at the government level," he stressed.
The petitioner stated that many private organizations in the country have adopted menstrual leave policies on their own and that around the world, including the United Kingdom, China, Japan, Taiwan, Indonesia, South Korea, Spain and Zambia, such a policy is already in place. in force.
The plea, filed through advocate Shashank Singh, said that a woman's "menstrual status" is not only her personal and intrinsic right to privacy but must be treated without discrimination and with dignity.
"This would require the State to take measures that provide necessary relief to a woman during menstrual pain so that she can cope with the suffering and protect her personal right with dignity under Article 21 of the Constitution."
In December last year, then Union Women and Child Development Minister Smriti Irani, in a statement in Rajya Sabha, said menstruation does not require a specific policy for granting paid leaves.
