[Menstrual Leave Policy] Supreme Court asks Union Govt. to consult all stakeholders on model policy

Supreme Court clarified that this order will not stand in the way of the State Governments independently taking an appropriate decision

Menstrual leave policy

Supreme Court: In a writ petition filed invoking jurisdiction under Article 32 of the Constitution of India for directing the Union Government, the States and the Union Territories to implement policies for the grant of menstrual leave to women under the Maternity Benefit Act, 1961, the Three Judge Bench of Dr. DY Chandrachud, CJI, J.B. Pardiwala and Manoj Misra, JJ. requested the Secretary in the Union Ministry of Women and Child Development to look into the matter at a policy level, after due consultation with all stakeholders, both at the Union and the State levels.

The Court by its order dated 24-02-2023 has allowed the petitioner to submit a representation to the Union Ministry of Women and Child Development to consider the policy issues involved in the case. The grievance is that though the petitioner submitted a representation on 19 -05-2023 to the Union Ministry of Women and Child Development and other relevant authorities, no response has been received as yet.

The Court viewed that since the issue raised multifarious aspects of policy, it must be attended to by the Union and the States.

The Court permitted the petitioner to move to the Secretary in the Union Ministry of Women and Child Development once again with a copy to Aishwarya Bhati Additional Solicitor General, who has assisted this Court in similar other matters pertaining to women in the workplace.

Further, the Court requested the Secretary in the Union Ministry of Women and Child Development to look into the matter at a policy level, after due consultation with all stakeholders, both at the Union and the State levels. The Court asked the Union Government to consider whether it would be appropriate to frame a Model policy for consideration by all the stakeholders.

CASE DETAILS

Citation:
2024 SCC OnLine SC 1694

Appellants :
Shailendra Mani Tripathi

Respondents :
Union of India

Advocates who appeared in this case

For Petitioner(s):
Rakesh Khanna, Adv. Mamta Rani, Adv.. Upendra Mani Tripathi, Adv. Vishal Kumar, Adv. Deepanashi Dutta, Adv. Shashank Singh, AOR. Prapti Shrivastava, Adv

For Respondent(s):

CORAM :

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