Will Tamil Nadu Get Paid Menstrual Leave? Madras HC Seeks Status Report
The state government has submitted that they are actively considering the constitution of the committee to frame rules in accordance with the labour code introduced by the Centre
The Madurai Bench of the Madras High Court on Tuesday directed the Tamil Nadu government to file an interim report on the formation of a committee and the progress made in framing rules for a paid menstrual leave policy for women employees in government services, along with suitable advisory guidelines for private establishments.
The bench was hearing a public interest litigation filed by a Madurai resident on the same. The petitioner stated that the absence of a menstrual leave policy results in indirect discrimination against women employees, thereby violating Article 14 of the Constitution, as women alone bear the burden of a recurring biological condition and are compelled either to suffer wage loss or to work through debilitating pain, unlike their male counterparts.
Justice C V Karthikeyan and Justice R Sakthivel sought the interim report after taking note of the submissions by the state government that they are actively considering the constitution of the committee to frame rules in accordance with the labour code introduced by the Centre.
The existing leave framework namely casual leave and sick leave is wholly inadequate to address a recurring, monthly biological condition such as dysmenorrhea, forcing women employees to exhaust leave entitlements or suffer loss of wages, thereby affecting their service conditions unfairly.
The petitioner stated that the continued policy vacuum adversely affects lakhs of women working in government sectors, anganwadis, schools, rural health centres and sanitation services, many of whom lack rest facilities or flexible work options, thereby aggravating health risks and workplace inequality. The same is the situation for women who are in the private sector but do not have flexible work options in their line of work.
The court also observed that any such policy would require not only implementation across government departments but also the sensitisation of private establishments to the need for providing menstrual leave to women employees.
The matter has been posted for further hearing on August 24.
