On July 8, 2024, CJI DY Chandrachud-headed bench in Supreme Court said that there can be times when certain efforts to protect women can turn into their disadvantage. This statement was passed during the hearing of PIL seeking directions to the Union, States and UTs for the policies framing of menstrual leave holidays for women in the workforce.
Same day, the top court casted out of the PIL, directing the Ministry of Women to clench the meeting of stakeholder in order to consider framing a policy for the same matter. According to the CJI, there are 2 consecutive views on menstrual leave policy topic amongst which one may encourage more women to become part of the workforce while the other may backfire with women being evade from the workforce.
As per the court, “What we try to do to protect women can act to their disadvantage. This is actually a government policy aspect and not for the courts to look into...”
While disposing the plea, the bench stated, “Since issues raise multifarious objectives of state policy, there is no reason for this court to intervene in light of our previous order. we permit the petitioner to move the secretary in the ministry of women, and child development...We request the secretary to look into the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be framed.”
