• Source:JND
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The Supreme Court gave the Centre instructions on Monday to work with states and other stakeholders to develop a model policy on menstrual leave for female employees. Chief Judge D Y Chandrachud, Justices J B Pardiwala and Manoj Misra, and other members of the bench stated that the matter was policy-related and should not be looked into by the courts.

Additionally, a court's ruling to allow women to take such leave may backfire and be "detrimental" to the cause since businesses might decide not to hire them.

"How will the leave encourage more women to be part of the workforce," the court asked the petitioner and said mandating such leave will lead to women "being shunned from the workforce".

"We do not want that,” the bench said.

“This is actually a government policy aspect and not for the courts to look into, " it said.

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“Petitioner says that a representation was submitted to the Centre in May 2023. Since the issues raise multifarious objectives of state policy, there is no reason for this court to intervene in light of our previous order,” it said.

However, the bench allowed lawyer Rakesh Khanna to move the Ministry of Women and Child Development secretary and Additional Solicitor General Aishwarya Bhati on behalf of petitioner and lawyer Shailendra Tripathi.

“We request the secretary to look into the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be framed,” it ordered.

The court emphasised that states may take any action in this respect without fear of interference from the Centre's consultation procedure. The Supreme Court had previously dismissed a petition seeking menstrual pain leave for women students and working women across the country.

It had then stated that because the problem falls under the policy domain, a representation might be made to the Centre. According to the senior lawyer, the Centre has not decide as of yet.