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World Affairs, Polity & Governance
Mahesh

28/02/23 19:35 PM IST

SC refuses to entertain PIL for menstrual leave for women in schools, workplaces

In News
  • The Supreme Court recently refrained from entertaining a public interest litigation (PIL) seeking directive to all the state governments to frame rules for menstrual pain leaves to female students and working-class women at their respective workplaces.
Menstrual Leave
  • It is a type of leave where women may have the option of taking a paid or unpaid leave from their workplace when they are menstruating.
  • The period can cause severe discomfort, pain, emotional problems and other health issues, having such a measure at their disposal allows women to be at the comfort of their home instead of at the office.
Menstrual leave around World
  • Menstrual leaves are allowed to women in some Southeast Asian countries, including Indonesia, Japan, South Korea, and Taiwan.
  • While Indonesia gives women the right to two days of menstrual leave per month, these are not additional leaves.
  • In Japan, the legislation has been in effect for over 70 years now.
  • Approved in 1947, Article 68 of the Labour Standards Law states, "When a woman for whom work during menstrual periods would be specially difficult has requested leave, the employer shall not employ such woman on days of the menstrual period.”
  • In South Korea, female employees are ensured additional pay if they do not take the menstrual leave.
  • In Taiwan, the Act of Gender Equality in Employment gives women three days of "menstrual leave" per year, which will not be calculated toward the 30 days of "common sick leave".
  • In the African country of Zambia, women are legally entitled to take a day off each month due to their menstrual leave policy, which is known as "Mother's Day". The woman employee can rightfully prosecute her employer if denied the leave.
Menstrual leave in India
  • There is no legal infrastructure in India to allow women the right to take menstrual leave.
  • There are, however, some private companies, including Byju’s, Zomato and Culture Magazine that provide their female employees this benefit.
  • Bihar is the only state in the country that has government-approved period leaves.
  • In January, 1992, a state government order declared that all women employees would get two consecutive days of leave every month, apart from their usual offs.
  • In 2017, MP Ninong Ering from Arunachal Pradesh introduced 'The Menstruation Benefits Bill, 2017' in Parliament.
  • Under the Bill, women employed by both public and private establishments registered with the Central and/or state governments, would have been entitled to two days of menstrual leave every month, which would amount to 24 days of leave annually.
Source- Hindustan Times

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