SC refuses to hear PIL on menstrual leave

February 24, 2023

A Public Interest Litigation was filed with the Supreme Court on Menstrual leave. The apex court first agreed to take up the PIL and said “will hear it in a week”. However, recently the SC refused to take the PIL. According to SC, creating laws or passing judgement on such leaves will become a deterrent to women’s employment. Also, the Supreme Court added that the solution is in the hands of the government. And asked the petitioner to approach the Women and child development ministry.

Background

State Governments like Kerala and other countries have been creating laws on menstrual leave. Spain introduced the Menstrual law recently. Many Indian companies like Swiggy and Zomato are offering menstrual leave.

Can Supreme Court choose cases?

The power of SC to choose cases is called its jurisdiction. There are three different types of jurisdictions. Original jurisdiction, Appellate jurisdiction, and Writ Jurisdiction. Original jurisdiction means the cases that were directly filed in SC and not originated from other lower courts. Under writ jurisdiction, SC can issue orders and directions. Under the appellate jurisdiction, the apex court hears appeals that are against the lower courts.

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