The Supreme
Court on Wednesday agreed to hear next week a plea seeking a direction to all
the states to frame rules for menstrual pain leaves for female students and
working women at their respective work places.
The plea was mentioned for urgent listing before a
bench headed by Chief Justice D Y Chandrachud, which said it would be listed on
February 24.
The petition, filed by Delhi resident Shailendra Mani
Tripathi, has also sought a direction to the Centre and all the states for
compliance of section 14 of the Maternity Benefit Act, 1961.
Section 14 of the Act deals with appointment of
inspectors and says appropriate government may appoint such officers and may
define the local limits of jurisdiction within which they shall exercise their
functions under this law.
The plea, which was mentioned for urgent listing by
petitioner's advocate Vishal Tiwari, said countries like the United Kingdom,
China, Wales, Japan, Taiwan, Indonesia, South Korea, Spain and Zambia are
already providing menstrual pain leave in one form or the other.
It said only women are empowered to
propagate the human race with their special ability of creation and during
different stages of maternity, she undergoes a number of physical and mental
hardships, be it menstruation, pregnancy, miscarriage or any other related medical
complications.
The plea said the 1961 Act makes provisions for almost
all the problems faced by women that can be understood by several of its
provisions which have made it mandatory for employers to grant paid leave to
women employees for certain number of days during pregnancy, in case of
miscarriage, for tubectomy operation and also in cases of medical complications
arising out of these stages of maternity.
"Ironically, the most disappointing aspect in the
direction of respecting the rights of working women, is that in spite of a
provision under section 14 of the Maternity Benefit Act, 1961, that there will
be an inspector for a particular area to monitor the implementation of such
great provisions, no government in India has created the post of inspectors,
forget about the appointment of such inspectors," the plea claimed.
It said the provisions of law under the 1961 Act are
one of the "greatest steps" taken by Parliament to recognise and
respect motherhood and maternity of working women.
"Definitely even today also, in several
organisations including government organisations 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 one of the very basic problems related to maternity which are
faced by every woman has been completely ignored by the legislature in this
very good law and also by the executive while making rules, specifically the
leave rules," the petition said.
It said the central civil services (CCS) leave rules
have made provisions like child care leave for women for a period of 730 days
during her entire service period to take care of her first two children till
they attain the age of 18 years.
The plea said this rule has also given 15 days of
paternity leave to male employees to take care of a child which is another
great step of a welfare state in recognising the rights and problems of working
women.
"In spite of making all the above mentioned
provisions in law to take care of women in difficult stages of her maternity,
the very first stage of the maternity, the menstrual period, has been knowingly
or unknowingly ignored by society, the legislature and other stake holders in
society except few organisations and state governments," it alleged.
The plea said Bihar is the only state which has been
providing two days of special menstrual pain leave to women since 1992.
It said there are some Indian companies that offer
paid period leaves which include Zomato, Byju's and Swiggy.