Supreme Court on menstrual leave: The Supreme Court has agreed to hear today (February 15) a public interest litigation (PIL) seeking a direction to all state governments to ensure that girl students and working-class women who are menstruating at their respective workplaces Make rules on pain of K and comply with the clause. 14 of the Maternity Benefit Act 1961.
A bench headed by Chief Justice of India (CJI) DY Chandrachud posted the matter for hearing on February 24 (Friday) after advocate Shailendra Mani Tripathi mentioned the matter and sought an early hearing of the matter.
According to the petition, the Maternity Benefit Act, 1961, provides for almost all the problems related to motherhood to women in their true spirit. The provisions of the Act have made it mandatory for employers to provide leave to their female employees for a certain number of days during pregnancy, in case of miscarriage, for sterilization operation, and in case of illness as well as medical complications arising out of it. Provide paid leave. Out of these phases of motherhood.
Ironically, the most disappointing aspect towards respect of rights of working women is that despite a provision under Section 14 of the Maternity Benefit Act that there will be an inspector for a particular area to oversee the implementation of such noble provisions. The petition states that no government in India has created the post of inspectors, forget about the appointment of such inspectors.
The petition states that these provisions of law under the Maternity Benefit Act are one of the biggest steps taken by the Parliament or the people of the country to recognize and honor the motherhood and motherhood of working women.
What is included in the petition?
“Certainly even today in many organizations including government organizations these provisions are not being implemented in their true spirit and with the same legislative intent with which it was enacted but at the same time one of the biggest aspects of this whole issue Or a petition states that the very basic problems related to motherhood, which every woman has to face, have been completely ignored by the legislature as well as the executive in this very good law.
According to the petition, the Central Civil Services (CCS) Leave Rules have made provisions such as Child Care Leave (CCL) for women for a period of 730 days during their entire service period to take care of their first two children. , till they attain the age of 12 years. 18 years. The rule also gave male employees 15 days of paternity leave to take care of their child, another big step for a welfare state in recognizing the rights and problems of working women.
“Despite making all the above provisions in the law to take care of women in difficult stages of labour, the first stage of labour, the period of menstruation has been ignored knowingly and unknowingly by the society, legislature and some organizations and state governments. Other stakeholders in the society except women, who question the intention of the whole society with regard to recognizing and respecting the rights of women, especially monthly leave to working women during their difficult times related to different stages of motherhood, their menstruation during, hence the present writ petition,” the petition states.
Bihar is the only state in India to provide ‘menstrual leave’
According to the petition, Bihar is the only state in India which has been providing two days special menstrual pain leave to women through its human resources since 1992. In 1912, the Government Girls’ School in Tripunithura, located in the then princely state of Cochin (present-day Ernakulam district), allowed students to take ‘period leave’ at the time of their annual examination and write it later, the petition highlights .
Therefore, the petitioner has sought a direction to all the States to frame rules for menstrual pain leave for girl students and working class women at their respective workplaces. The petition has also sought issuance of directions to all states and the Government of India to comply with Section 14 of the Maternity Benefit Act.
(With ANI inputs)
Read also: Dos and Don’ts for Menstrual Hygiene: Essential Tips to Follow for Healthy Menstruation
Read also: Menstrual pain can be painful in winter; Learn easy yoga poses to reduce those cramps