The Madras High Court disposed of a Petition filed seeking directions against the respondents to consider the petitioner’s representation seeking grant of ‘Proof Less Medical Leave’ under the “Unearned Medical Leave’ category for women during their menstrual cycle.
With regard to the similar issue Petition was filed before the Apex Court in 2023.
In the said petition, the petitioner therein sought a direction against all the States to frame a policy for menstrual pain leave for female students and working women under the provisions of the Maternity Benefit Act, 1961.
The Apex Court, in the said petition, observed that “Having regard to the policy dimensions which are involved in the matter, we are of the considered view that it would be appropriate if the petitioner submits a representation to the Union Ministry of Women and Child Development which may take an appropriate decision.”
The petition was accordingly disposed of by the Apex Court.
The Division Bench of Chief Justice Sanjay Vijaykumar Gangapurwala and Justice D. Bharatha Chakravarthy noted that the petitioner is not a working women in any of the Government Departments. The petitioner claims to be running a Non-Governmental Organization.
The Apex Court has already issued directions that representations to be made to the Union Ministry of Women and Child Development.