Fri. Mar 29th, 2024
Delhi High CourtIndia TV News

Synopsis: The PIL stated that the “emotional, physical, hormonal and physiological trauma” that female employees experience during menstruation is provided a very little attention.

On Monday, the Delhi High Court ordered the Delhi government to accept a petition seeking paid leave during the menstruation time for women employees under the government, including daily salaries and contract workers, as representatives.

Menstrual Leave
Feminism India

In a Public Interest Litigation petition filed by the Delhi Labour Union (petitioner), the order was passed by the Division Bench of Chief Justice DN Patel and Justice Prateek Jalan.

For female employees, the petitioner also sought separate and clean toilet facilities, periodic rest and free sanitary napkins.

While rejecting the plea, the court noted that the authorities will take a decision on representation as soon as possible and practicable, in compliance with the relevant law, rules, regulations and policy.

The petitioner claimed that while female employees form an important part of the workforce in Central and Delhi government offices and establishments, very little attention is given to the “emotional, physical, hormonal and physiological trauma” faced during menstruation by these employees.

The petitioner clarified that contracting the muscle layers, cause painful cramps. Any of the prostaglandins enter the bloodstream, can cause diarrhoea, headache, nausea and vomiting. In certain situations, the pain is so intense that it induces fainting and spells of dizziness. The petition further mentions that the monthly menstrual cycle is often painful for women who suffer from reproductive ailments.

According to the petitioner, ignorance and inaction in providing facilities for menstruating employees is in breach of Articles 14, 21 and 42 of the Constitution of India.

Due to their biological needs and disparities with other workers, menstruating employees form a distinct class. This activity of the respondents is unequal and violates the right to equality and fair protection of the laws granted to these employees by the Constitution.

It was also noted that the authorities are allowed under Articles 15(3) and 42 of the Constitution to make special arrangements for women in the workforce.

The petition also provides that for their female employees, many private employers have already implemented paid menstruation leave.