Plea in HC to direct Centre, Delhi govt to grant paid menstrual leaves to women employees

By Sushil Batra
New Delhi [India], October 19 : A public interest litigation (PIL) has been moved in Delhi High Court seeking direction to Union of India and others to grant paid leaves every month to all class of women employees including daily wage, contractual and outsourced worker and during the menstruation period.
The plea was listed before the bench of Justices DN Patel and Prateek Jalan today, which didn't assemble due to some reason. Thereafter the matter was adjourned for November 23.
The petitioner/Delhi Labour Union also sought directions to the respondents to provide special casual leave/ paid leave as well as to ensure separate and clean toilet facilities, periodic rests and free sanitary napkins to women employees during their menstruation period.
Advocate Rajiv Aggarwal, representing the petitioner also states that female employees form a significant part of workforce in the offices and establishments of the Centre and the Delhi Government.
The plea said that at present, many employees are employed with the different sectors and performing various roles including that of officer, employee and worker. These employees perform all kinds of works including that of administrative, managerial, supervisory, skilled, unskilled, manual, operational, clerical and technical nature. These employees are employed through different modes of employment such as regular/ employees, ad hoc, deputation, daily wage muster roll workers, contractual workers and workers employed through independent contractors/ outsourcing agencies.
It stated that menstruating employees form a separate class owing to their biological necessities and differences with other employees, adding that "the Respondents treat these employees in the same manner with male employees in the matter of paid leaves. Such practice of the Respondents is discriminatory and violative of the Right to Equality and equal protection of laws guaranteed by the Constitution to these workers".
It also added that article 15(3) of the Constitution enables the respondents to make special provisions for women.
"Still, the respondents have not made any special provisions for these employees. Menstruation is intrinsically related to human dignity. By not providing separate toilet facilities, separate breaks to maintain hygiene during menstruation, and paid leaves in form of special casual leaves; the Respondents are depriving the employees of their human dignity," it added.
In the plea, it is mentioned that a significant number of these employees menstruate and there is very little consideration or even recognition for the emotional, physical, hormonal and physiological trauma that these employees undergo during their menstrual cycle.
Besides facing actual psychological trauma because of sudden hormonal fluctuation, the release of a large amount of extremely inflammatory lipids called prostaglandins constrict the blood vessels in the uterus and make the muscle layer contract, causing painful cramps. Some of the prostaglandins enter the bloodstream, causing headache, nausea, vomiting, and diarrhoea. The pain is so extreme in some cases that it causes fainting and dizziness spells. That their monthly menstrual cycle is additionally painful for
women who suffer from reproductive ailments such as adenomyosis, endometriosis or fibroids, the plea said.
A normal menstrual period lasts from four to six days.