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SC to hear PIL on menstrual leave rules on 24th
February 15, 2023

The Supreme Court on Wednesday agreed to hear a Public Interest Litigation (PIL) seeking direction to all the State governments to frame 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.

A bench headed by Chief Justice of India DY Chandrachud posted the matter for hearing on February 24 after advocate Shailendra Mani Tripathi mentioned the matter and sought an early hearing of the case. 

According to the petition, the Maternity Benefit Act, 1961, makes provisions for almost all the problems faced by women related to maternity in their true spirit. 

The provisions of the Act have made it mandatory for employers to grant paid leave to its women employees for a certain number of days during her pregnancy, in case of miscarriage, for tubectomy operation, and also in case of illness as well as medical complications arising out of these stages of maternity.

Ironically, the most disappointing aspect in the direction of respecting the rights of working women, is that in spite of a provision under section 14 of the Maternity Benefit Act that there will be an inspector for a particular area to monitor the implementation of such great provisions, no government in India has created the post of inspectors, forget about the appointment of such inspectors, the plea said.

These provisions of law under the Maternity Benefit Act are one of the greatest steps taken by Parliament or by the people of the country to recognise and respect the motherhood and maternity of working women, the petition pointed out. -- ANI
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