New Delhi: The Supreme Court on February 15 agreed to hear a Public Interest Litigation (PIL) seeking direction to all the State governments to formulae rules for menstrual pain leaves to the female students and working-class women at their respective workplaces and compliance of section 14 of the Maternity Benefit Act 1961.

After attorney Shailendra Mani Tripathi brought up the issue and requested an early hearing of the case, a bench presided over by Chief Justice of India DY Chandrachud scheduled the matter for hearing on February 24.

The Maternity Benefit Act of 1961, according to the petition, addresses nearly all of the issues that women encounter when they get pregnant. According to the Act's provisions, companies must provide paid leave to their female employees for a set number of days during pregnancy, in the event of a miscarriage, for a tubectomy procedure, as well as in the event of illness or medical difficulties related to these stages of motherhood.

Ironically, the most discouraging factor in the direction of respecting the rights of working women is that no government in India has established the post of inspectors, forget about the appointment of such inspectors, the petition said. Section 14 of the Maternity Benefit Act stipulates that there will be an inspector for a specific area to monitor the implementation of such great provisions.
The petition emphasised that these Maternity Benefit Act provisions are one of the greatest efforts taken by Parliament or the country's citizens to recognise and honour working women's pregnancy and maternity.

While it is true that these provisions are not being implemented in their true spirit and with the same legislative intent as they were enacted in many organisations, including government organisations, one of the most important aspects of this issue or one of the most fundamental issues related to maternity that are faced by every woman has been completely ignored by the legislature in this very good law and also by the executive while making decisions.

In accordance with the petition, the Central Civil Services (CCS) leave regulations allow women to take up to 730 days of child care leave (CCL) over the course of their employment to care for their first two children until they are 18 years old. This legislation has also granted male employees 15 days of paternity leave to care for their child, which is a significant step for a welfare state in acknowledging the rights and difficulties of working women.
The very first stage of pregnancy, the menstrual period, has been knowingly or unknowingly ignored by society, the legislature, and other stakeholders in the society, with the exception of a few organisations and state governments, which raises a question on the intent of the entire society with regard to recognising and respecting women's rights, especially during difficult stages of pregnancy.

The petition claims that since 1992, Bihar has been the only state in India to offer women two days of extra leave for menstrual pain through its Human Resources department. The appeal emphasised how in 1912, the Government Girls School in Tripunithura, which is located in the former princely state of Cochin (current Ernakulam district), permitted students to take "period leave" during the time of their yearly examination and then write it later.

Hence, the petitioner is requesting that all states establish regulations for menstrual pain leaves for working-class women and female students in their various places of employment. Also, the appeal demanded that the Indian government and all states follow the Maternity Benefit Act's Section 14 requirements.

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