Amcc 28 Petitioner

1 AMCC-28
1 JUSTICE ANIL KUMAR UPADHYAY MEMORIAL NATIONAL MOOT COURT COMPETITION 2024
ST
1ST JUSTICE ANIL KUMAR UPADHYAY MEMORIAL NATIONAL MOOT COURT COMPETITION 2024
IN THE SUPREME COURT OF INDUS
PUBLIC INTEREST LITIGATION
W.P. (Civil) No. of 2024
Under Art. 32 of the Constitution of Indus, 1950,
Women Rights Sangathan

(PETITONER)
VERSUS
Union Of India
(RESPONDENT)
UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF
THE SUPREME COURT OF INDUS
MEMORIAL FOR THE PETITONER
MEMORIAL FOR THE PETITIONER

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TABLE OF CONTENTS
LIST OF ABBREVIATIONS.........................................................................................
INDEX OF AUTHORITIES...........................................................................................
STATEMENT OF JURISDICTION...............................................................................
ISSUES RAISED............................................................................................................
STATEMENT OF FACTS..............................................................................................
SUMMARY OF ARGUEMENTS..................................................................................
ARGUMENTS ADAVNCED..........................................................................................
1. WHETHER THE PRESENT PUBLIC INTEREST LITIGATION PETITION IS

MAINTAINABLE?..................1
1.1. Recognition of Public Interest Litigation by NGO’s having locus standi
1.2. Recognition of great Public Interest
1.3. Recognition of the current matter in various laws, bills, and statutory provisions
2. WHETHER NON-RECOGNITION OF MENSTRUAL LEAVE TO GIRLS AND

WOMEN'S OF ALL AGE IS VIOLATIVE OF THEIR FUNDAMENTAL RIGHTS
UNDER ART. 14, 15 & 21?
2.1. Violation under Article 14
2.4. Violation under Labour Law
2.5. Judicial Approaches over the Years
2.6 Laws In Place
3. WHETHER THE MENSTRUAL LEAVE ENSURES SOCIOECONOMIC EQUALITY

AS ENSHRINED IN DPSPS?
PRAYER..............................................................................xvi

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LIST OF ABBREVIATION
AIR All India Report
HC High Court
Ass Association
§ Section
I.P.C Indian Penal Code
PC Privy Council
Prop. Property
Co. Company
& And
Hon’ble Honourable
Ltd. Limited
Ibid The same place
Vs Versus
U/s Under Section
S.C.J Supreme Court Journal
TABLE OF AUTHORITIES

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CASE LAWS
1. AIR INDIA V. NARGESH MEERZA AIR 1981 SC 1829
2. AIR INDIA V. NERGESH MEERZA 1982 SCR (1) 438
3. ANJALI ROY V. STATE OF WEST BENGAL AIR 1952 CAL 822
4. ANUJ GARG V. HOTEL ASSOCIATION 2008 SC 663
5. BANDUA MUKTI MORCHA VS UNION OF INDIA AIR 1984, 3 SCC 161
6. CONSUMER EDUCATION & RESEARCH CENTRE V. UNION OF INDIA AIR 1995 SC 922
7. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST
WOMEN
8. INDIAN BANKS ASSOCIATION, BOMBAY & ORS. VS. M/S DEVKALA CONSULTANCY
SERVICE AND ORS AIR 2004 SC 2615
9. JANTA DAL VS H.S. CHOWDHARY AIE 1993 SC 892
10. KHARAK SINGH V. STATE OF UTTAR PRADESH AIR 1963 SC 1295
11. M.C MEHTA VS. UNION OF INDIA AIR 1987 SC 1086
12. MUMBAI KAMAGAR SABHA VS. ABDUL THAI AIR 1976 SC 1455
13. NATIONAL LEGAL SERVICES AUTHORITY V. UNION OF INDIA AIR 2014 INSC 275
14. OLGA TELLIS V. BOMBAY MUNICIPAL CORPORATION AIR 1986 SC 180
15. RAM KRISHNA DALMIA V. JUSTICE TENDOLKAR AIR 1958 SC 538
16. S.P. GUPTA VS. UNION OF INDIA 1981 SUPP (1) SCC 87
17. STATE OF PUNJAB & ORS V RAM LUBHAYA BAGGA AIR 1998 SC 1703
18. UNNI KRISHNAN V. STATE OF ANDHRA PRADESH AIR 1993 SC 2178
19. VISHAKA V. STATE OF RAJASTHAN AIR 1997 SC 1225
BOOKS:
1. BLACKS LAW DICTIONARY, 11TH EDITION 2019
2. SHROUDS JUDICIAL DICTIONARY, VOL. 4 (IV EDITION)
3. HASHIMY, ‘LEGAL PARADIGM OF MENSTRUAL PAID LEAVES POLICY IN INDIA: A
JURISPRUDENCE DISCOURSE’
4. INDIA: A JURISPRUDENTIAL DISCOURSE’ (2023) 3 TRINITY LAW REVIEW 12.
5. HASHIMY, ‘MENSTRUAL LEAVE DISSENT AND STIGMA LABELLING’
6. SAYED QUDRAT HASHIMY, ‘LEGAL PARADIGM OF MENSTRUAL PAID LEAVES POLICY IN
INDIA: A JURISPRUDENTIAL DISCOURSE’ (2023) 3 TRINITY LAW REVIEW
7. SAYED QUDRAT HASHIMY, ‘EMERGING PARADIGM OF DISABILITY LAWS AND
PROTECTING DIFFERENTLY ABLED PERSON: FLYING KITES IN THE INDIAN SKY’ (2023) 3 1.
8. CAMBELL C.J., R. V. BEDFORDSHIRE 24 L.J.Q.B. 84
9. MENSTRUAL LEAVE DISSENT AND STIGMA LABELLING: A COMPARATIVE LEGAL
DISCOURSE BY SAYED QUDRAT HASHIMY
BILLS, LAWS AND JUDICIAL PRONOUNCEMENTS:

1. PUNJAB EXCISE ACT

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2. RIGHT OF WOMEN TO MENSTRUAL LEAVE AND FREE ACCESS TO MENSTRUAL PRODUCTS
BILL OF 2022
3. EQUAL REMUNERATION ACT,1976
4. FEMALE LABOUR UTILIZATION, GOVT. OF INDIA APRIL 2023
STATEMENT OF JURISDICTION
“The petition is filed in front of this Hon’ble Supreme Court of Sovereign Indus under Art.
32 of the Indusian Constitution.”

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This Article states that:
“Right to Constitutional Remedies
1) The right to move the Supreme Court by appropriate proceedings for the enforcement of
the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including
writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari,
whichever may be appropriate, for the enforcement of any of the rights conferred by this
Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2),
Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided
for by this Constitution.”
Issues Raised

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ISSUE 1
WHETHER PRESENT PUBLIC INTEREST LITIGATION IS MAINTAINABLE OR

NOT?
ISSUE 2
WHETHER NON-RECOGNITION OF MENSTRUAL LEAVE TO GIRLS AND

WOMEN'S OF ALL AGE IS VIOLATIVE OF THEIR FUNDAMENTAL RIGHTS UNDER
ART. 14, 15 & 21?
ISSUE 3
WHETHER THE MENSTRUAL LEAVE ENSURES SOCIOECONOMIC EQUALITY AS

ENSHRINED IN DPSPS?
STATEMENT OF FACTS
 About Indus:

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Indus is a diverse country in South Asia with a Constitutional republic government and
thousands of ethnic groups speaking different languages. With one-sixth of the world's
population, Indus is the second most populous country after China. The Constitution of
Indus guarantees fundamental rights to all its citizens, irrespective of their caste, religion,
or gender, and aims to achieve the goals of Justice, Liberty, Equality, Fraternity, and
Dignity, as set out in the Preamble to the Constitution.
 Government Initiations:
The government of Indus ensures that no person is denied equality before the law or the
equal protection of the laws within the country.
 Menstruation Meaning and Definition :
Menstruation is a natural process that every woman experiences differently. Some women
may have minimal physical or emotional symptoms, while others may have more severe
symptoms that affect their daily activities. It's important to raise awareness about
menstruation and its effects so that women can have access to the necessary resources and
support to manage their menstrual cycles.
 About Emily Cooper
Emily Cooper, a resident of (Indus) was an Engineer by profession and she was working
at an MNC named Dripkart, got her period on 21st February 2023 for which she did not
come to her office for 3 days. She was well aware about the fact that dripkart never gave
paid period leave to their female employees. She got to know that Poa, a state in Indus,
granted paid period leave to their employees and after hearing this, Emily Cooper posted
on her social media handle “Women are personified as goddess in our country but the
said goddess is deprived of even a single day leave on her periods, which breaks her both
physically and mentally. The Central government must pass an Act to give paid period
leaves to every women at their respective work place”. This post was on her private social
media account but it was shared by different activists on other social media platforms
across Indus.
 About Dripkart
A software development Company, that designs and develop custom software

applications, frameworks, and tools that helps to solve problems or achieve a specific
outcome. She was working as a software developer with an annual package of INR 16

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Lakhs. Dripkart was funded by the Central Government for most of their projects and the
central government holds a substantial interest in the company.
 Emily’s Role in Dripkart:
As a software developer she was involved in researching, designing, implementing,

managing software programs, testing and evaluating new programs, identifying areas for
modification in existing programs and subsequently developing these modifications and
writing and implementing efficient code.
 Status in Poa and Emilys Message
She got to know that Poa, a state in Indus, granted paid period leave to their employees
and after hearing this, Emily Cooper posted on her social media handle “Women are
personified as goddess in our country but the said goddess is deprived of even a single
day leave on her periods, which breaks her both physically and mentally. The Central
government must pass an Act to give paid period leaves to every women at their
respective work place”. This post was on her private social media account but it was
shared by different activists on other social media platforms across Indus.
 Women Rights Sangathan:
Women Rights Sangathan (hereinafter referred to as WRS), an NGO which conducts

workshops, facilitates discussions, provides legal advice and pro bono legal services to
them who might encounter cases of sexual violence at workplace and has been working
since 2008, to prevent gender and sex-based violence against women. WRS moved to the
Hon’ble Supreme Court of Indus through a Public Interest Litigation (hereinafter referred
to as PIL) for the constitutional recognition of Right to Menstrual Leave as Fundamental
Right under Article 14, Article 15 and Article 21. The NGO is of the view that women
should be granted paid menstrual leave at her workplace. This would benefit female
employees by allowing them to manage their menstrual symptoms without compromising
their productivity or workplace attendance. It would also promote gender equality by
recognizing and addressing the unique health needs of female employees in the
workplace. Furthermore, this would promote workplace diversity and inclusion by
acknowledging the challenges that women face due to menstrual symptoms, which can be

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more severe for some women than others. Providing menstrual leave would create a more
supportive and inclusive workplace environment, which could increase employee
satisfaction and productivity.
SUMMARY OF ARGUMENTS
1. Whether present public interest litigation is maintainable or not?
 The Women Rights Sangathan has filed a Public Interest Litigation in the Hon'ble
Supreme Court of India, asserting that the present petition is maintainable based on the
recognition of public interest litigation by NGOs having locus standi, recognition of great
public interest in the present petition, and recognition of the current matter at hand in
various laws, bills, and statutory provisions. The PIL system in India allows any member
of the public with 'sufficient interest' to approach the court to enforce the rights of other

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persons and redress a common grievance. In the present case, the Women Rights
Sangathan is fighting for millions of employed women who suffer through menstrual pain
every month while working. The Supreme Court has defined Public Interest Litigation
(PIL) as “a legal action initiated in a court of law for the enforcement of public interest or
general interest in which the public or a class of the community have pecuniary interest or
some interest by which their legal rights or liabilities are affected.”
2. Whether non-recognition of menstrual leave to girls and women's of all age is violative of
their Fundamental Rights under Art. 14, 15 & 21?
 The council has submitted that the non-recognition of menstrual leave to girls and women
violates their Fundamental Rights under Articles 14, 15 and 21 of the Indian Constitution.
The menstrual leave policy is guarded by Exception 15(3) of Article 15(1) and Article 42
of the Directive Principles of State Policy, which empowers the state to ensure just and
reasonable conditions of work and maternity relief for women. The violation under
Article 14 of the Constitution guarantees equality before the law and equal protection of
the laws to any person within the territory of India. The violation under Article 15 is due
to the prohibition of discrimination on grounds of religion, race, caste, sex, or place of
birth.
3. Whether the menstrual leave ensures socioeconomic equality as enshrined in DPSPs?
 The Women's Sexual, Reproductive and Menstrual Rights Bill, 2018 proposed by Shashi
Tharoor, MP from Thiruvananthapuram, aims to provide safe and legal abortion,
comprehensive sex education, and affordable menstrual health products. Menstrual pain is
often dismissed and not given proper attention, leading to women suffering in silence.
While there are some contentions about period leaves, it is important to acknowledge the
significance of menstrual health and its impact on women's equality.

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ARGUMENTS ADVANCED
I. Whether present Public Interest Litigation is maintainable or not?
It is most humbly submitted in front of this Hon’ble Supreme Court of Indus that the present
Public Interest Litigation filed by Women Rights Sangathan is maintainable. The council
asserts its point based on: [1.1] Recognition of Public Interest Litigation by NGO having
locus standi, [1.2] Recognition of great Public Interest in the present petition, [1.3]
Recognition of the current matter at hand in various laws, bills and statutory provisions.
I.1 Recognition of Public Interest Litigation by NGOs having locus standi
I.1.0 Public Interest Litigation is a widely accepted concept of judicial remedy that our
Sovereign nation has accepted. To Interpret the literal meaning of PIL the council
would like to submit that:

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I.1.0.1 Public: Pertaining to a state, nation, or whole community; proceeding from, relating
to, or affecting the whole body of people or an entire community.1
I.1.0.2 Public Interest: Public interest means the interest or right belonging to the society, a
particular class of the community or a group of people. PILs are filed to resolve a
problem affecting the legal rights of a community or the public at large.2
I.1.0.3 Litigation: A judicial controversy. A contest in a court of justice, to enforce a right. 3
I.1.A In Shrouds Judicial Dictionary4, 'public interest' is defined thus: PUBLIC INTEREST
(1) A matter of public or general interest "does not mean that which is interesting as a
gratifying curiosity or a love of information or amusement' but that in which a class of
the community have a pecuniary interest, or some interest by which their legal rights
or liabilities are affected."5
I.1.B The Supreme Court has defined Public Interest Litigation (PIL) as “a legal action
initiated in a court of law for the enforcement of public interest or general interest in
which the public or a class of the community have pecuniary interest or some interest
by which their legal rights or liabilities are affected.”6
I.1.C The PIL system in India allows any member of the public with 'sufficient interest' to
approach the court to enforce the rights of other persons and redress a common
grievance. In a PIL, an individual or organization with a genuine concern for public
welfare can seek judicial intervention on behalf of a group of people or the
community at large. The intent behind the PIL system is to ensure that the
marginalized and vulnerable § s of society have access to justice, and their rights are
protected.
I.2 Recognition of great Public Interest in the present petition
I.2.0 In the present case at hand, Women Rights Sangathan (hereinafter referred to as
WRS), an NGO which conducts workshops, facilitates discussions, provides legal
1
Blacks Law Dictionary, 11th Edition 2019
2
Ibid
3
Ibid
4
Shrouds Judicial Dictionary, Vol. 4 (IV Edition),
5
Cambell C.J., R. V. Bedfordshire 24 L.J.Q.B. 84
6
Janta Dal Vs H.S. Chowdhary AIE 1993 SC 892

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advice and pro bono legal services to those who might encounter cases of sexual
violence at workplace and has been working since 2008, to prevent gender and sex-
based violence against women. They have filed a Public Interest Litigation in favour
of millions of women who have to suffer through the pain of menstruation for almost
a week, every month.
I.2.A 39 million women in our sovereign nation are currently employed in India 7. These
women suffer through eternal pain every month while working 9 to 5, Emily Cooper a
working professional in Dripkart Emily Cooper, a resident of (Indus) was an Engineer
by profession and she was working at an MNC named Dripkart. Emily also got her
period like any other woman and for which she took three days off. For which here
salary at the end of month was deducted. WRS took this matter to the Hon’ble
Supreme Court, it may be noted that it is not fighting for Miss Cooper but for whole
feminine workforce of our nation. It is a matter of great public importance as millions
of employed women.8
I.2.B Justice Krishna Iyer laid the foundational concept of Public Interest Litigation
(PIL) in India, promoting the idea that collective societal issues could be addressed
through legal channels.9 Justice P.N. Bhagwati expanded the scope of PIL, stating that
“any member of the public or social action group acting bonafide” could invoke the
jurisdiction of High Courts or the Supreme Court to seek redressal for the rights of
those unable to approach the court due to disabilities. This judgment established PIL
as a tool for enforcing public duties and addressing executive misdeeds. 10 The
Supreme Court declared that even a case filed for personal grievance could be
considered under PIL if it serves the public interest, enhancing judicial oversight in
matters affecting societal welfare.11
I.2.C The Supreme Court ruled that the petitioner did not need to be a riparian owner to
challenge pollution in the Ganga River. The case emphasized the right of any
concerned citizen to seek enforcement of environmental laws for the public good.12
7
Female Labour Utilization, Govt. Of India April 2023
8
Ibid
9
Mumbai Kamagar Sabha Vs. Abdul Thai AIR 1976 SC 1455
10
S.P. Gupta Vs. Union Of India 1981 Supp (1) SCC 87
11
Indian Banks Association, Bombay & Ors. Vs. M/S Devkala Consultancy Service And Ors AIR 2004 SC
2615
12
M.C Mehta Vs. Union Of India AIR 1987 SC 1086

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I.2.D Public interest litigation has been entertained by relaxing the rules of standing. The
essential aspect of the procedure is that the person who moves the court has no
personal interest in the outcome of the proceedings apart from a general standing as a
citizen before the court. This ensures the objectivity of those who pursue the
grievance before the court.13
I.2.E There has to be a real and genuine public interest involved in a litigation and there
must be concrete and credible basis for maintaining a cause before the Court and not
merely an adventure of knight errant borne out of wishful thinking. Only a person
acting bonafide and having sufficient interest in the proceedings of PIL will alone
have a locus standi and can approach the Court to wipe out the tears of the poor and
needy, suffering from violation of their fundamental rights, but not a person(s) for
personal gain or private profit or any other oblique consideration.
I.3 Recognition of the current matter at hand in various laws, bills and statutory provisions
I.3.0 Menstrual leave and International Law
I.3.0.1 Menstrual leave refers to a type of leave that allows women to take time off work or
school during their menstrual cycle to manage menstrual pain and discomfort. While
menstrual leave is not yet widely recognized as a legal right under international law,
some countries have introduced laws or policies that provide for menstrual leave. 14
For example, in 2017, Zambia became the first African country to introduce menstrual
leave, allowing female workers to take off one day per month during their menstrual
cycle. Other countries that have introduced similar laws or policies include Japan,
South Korea, and Taiwan.15 Under international human rights law, discrimination
based on sex is prohibited, and women are entitled to equal treatment in the
workplace. While menstrual leave is not specifically recognized as a legal right under
international law, women may be able to argue that they are being discriminated
against if they are denied the right to take time off work or school during their
menstrual cycle.16
13
Bandua Mukti Morcha Vs Union Of India AIR 1984, 3 SCC 161
14
‘Menstrual Leave Dissent And Stigma Labelling: A Comparative Legal Discourse By Sayed Qudrat Hashimy
15
Sayed Qudrat Hashimy, ‘LEGAL PARADIGM OF MENSTRUAL PAID LEAVES POLICY IN INDIA: A
JURISPRUDENTIAL DISCOURSE’ (2023) 3 Trinity Law Review 12.
16
Sayed Qudrat Hashimy, ‘Emerging Paradigm Of Disability Laws And Protecting Differently Abled Person:
Flying Kites In The Indian Sky’ (2023) 3 1.

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I.3.A Menstrual Leave and Hindu Philosophy

I.3.A.1 Hindu philosophy has a complex relationship with menstruation. On the one hand,
Hindu scriptures recognize menstruation as a natural bodily process and do not view it
as impure or sinful17. However, there are also many cultural and social taboos
surrounding menstruation that have developed over time. In Hinduism, there is a
concept of "Ashoucha," which refers to a state of impurity or uncleanliness. 18
Menstruating women were traditionally considered to be in a state of Ashoucha and
were expected to refrain from certain activities, such as entering temples or
participating in religious ceremonies, until they had completed their menstrual cycles
and undergone a purification ritual.19 These cultural and social taboos surrounding
menstruation have contributed to the stigma surrounding menstruation in India and
can impact women's access to education, employment, and healthcare. 20 However,

some scholars argue that Hindu philosophy also provides a basis for recognizing the
importance of menstrual leave. For example, the Hindu concept of "Sattva"
emphasizes the importance of balance and harmony in life. 21 Women's menstrual

cycles are seen as an integral part of the natural cycle of life and should be respected
in order to maintain balance and harmony in society. Some scholars argue that
providing menstrual leave to women is a way of recognizing the importance of this
natural cycle and promoting balance and harmony in the workplace and society. In
theory, while Hindu philosophy recognizes menstruation as a natural bodily process
and does not view it as impure or sinful, cultural and social taboos surrounding
menstruation have contributed to the stigma surrounding menstruation in India.

However, some scholars argue that Hindu philosophy also provides a basis for
recognizing the importance of menstrual leave as a way of promoting balance and
harmony in society.
I.3.B Menstrual Leave and Health Policy in India

I.3.B.1 Menstrual leave has gained attention in India as a policy issue related to women's
health and well-being. The provision of menstrual leave can help to address the
17
Ibid
18
Hashimy, ‘Legal Paradigm Of Menstrual Paid Leaves Policy In India: A Jurisprudence Discourse’ (N4)
19
Hashimy, ‘Menstrual Leave Dissent And Stigma Labelling’
20
Supra At 19
21
Ibid

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physical and emotional challenges that women may face during their menstrual
cycles, such as pain, discomfort, and fatigue. However, there are also concerns that
menstrual leave policies could reinforce negative stereotypes about women's ability to
work or study during their menstrual cycles, or could lead to discrimination against
women in hiring or promotion decisions. In order to address these concerns and
promote the health and well-being of women in the workplace and in schools, there is
a need for comprehensive health policies that address menstrual health and hygiene.
Such policies could include initiatives to promote menstrual health education, provide
access to affordable menstrual products, and promote workplace accommodations for
women who experience menstrual pain or discomfort. In addition, health policies
should address broader issues related to gender equity and women's health, such as
access to reproductive healthcare and family planning services, and addressing
gender-based violence and discrimination. Inclusively, while menstrual leave is an
important policy issue related to women's health and well-being, it is just one part of a
broader set of policies and initiatives needed to address the challenges that women
face in accessing healthcare and achieving gender equity in India.
I.3.C Menstrual Leave and Constitution Of India
I.3.C.1 The Indian Constitution guarantees certain fundamental rights to all citizens,
including the right to equality, the right to life and liberty, and the right to work with
dignity. These rights are enshrined in Articles 14, 15, 21, and 23 of the Constitution.
The provision of menstrual leave can be seen as an important step towards ensuring
that women are able to exercise these fundamental rights in a meaningful way.
Menstrual leave policies can help to promote gender equality by recognizing and
addressing the unique challenges that women face in managing their menstrual cycles,
and by ensuring that women are not discriminated against in the workplace or in
schools on the basis of their gender. At the same time, it is important to ensure that
menstrual leave policies do not violate other fundamental rights guaranteed by the
Constitution, such as the right to work and the right to equality. Menstrual leave
policies should be implemented in a way that is fair, non-discriminatory, and
respectful of the rights of all employees, regardless of gender.
I.3.D Menstrual Leave and labour law
I.3.D.1 The provision of menstrual leave intersects with Indian labour law, which is designed
to protect the rights of workers and ensure that they are treated fairly by their
employers. In India, the right to leave is governed by the Leave Rules of the Industrial

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Employment (Standing Orders) Act, 1946, which applies to all establishments

employing more than 100 workers. While there is no specific provision for menstrual
leave in Indian labour law, the Maternity Benefit Act, 1961, provides for paid leave
for pregnant women and new mothers. Some companies in India have also introduced
menstrual leave policies as a way to recognize and address the challenges that women
face during their menstrual cycles. However, there are concerns that menstrual leave
policies could be misused or abused by employers, or that they could lead to
discrimination against women in hiring or promotion decisions. In order to address
these concerns and ensure that women are treated fairly and equitably in the
workplace, it is important to establish clear guidelines for the provision of menstrual
leave and to ensure that employers are held accountable for complying with these
guidelines.
I.3.E Menstrual leave and Employment issues
I.3.E.1 The provision of menstrual leave raises a number of employment issues in India,
particularly with respect to discrimination, productivity, and costs. One of the primary
concerns with menstrual leave is that it could lead to discrimination against women in
hiring or promotion decisions. Employers may view women as less productive or
reliable due to their menstrual cycles, which could lead to them being passed over for
job opportunities or promotions. This could result in a gender pay gap and contribute
to gender inequality in the workplace. Another issue with menstrual leave is its
potential impact on productivity. Employers may worry that menstrual leave could
disrupt work schedules or create staffing shortages, leading to a decrease in
productivity. However, studies have shown that allowing women to take menstrual
leave can actually increase productivity by reducing absenteeism and improving
employee morale. Finally, there is a cost associated with providing menstrual leave.
Employers may worry that they will have to bear the cost of hiring replacement
workers or paying overtime to cover the absence of women on menstrual leave.
However, the cost of menstrual leave can be offset by the benefits of improved
employee morale, reduced absenteeism, and increased productivity. Therefore, while
the provision of menstrual leave raises a number of employment issues in India, it is
an important policy issue that can contribute to gender equality and improve
workplace productivity. It is important for employers and policymakers to carefully
consider these issues and establish clear guidelines for the provision of menstrual

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leave to ensure that it is implemented in a way that is fair and equitable for all
employees.
I.3.F Menstrual Leave and women’s Empowerment
I.3.F.1 The provision of menstrual leave can be a powerful tool for women's empowerment in
India. By recognizing the unique challenges that women face during their menstrual
cycles and providing them with time off to manage their symptoms, menstrual leave
can help to promote gender equality in the workplace and improve women's overall
well-being. One way in which menstrual leave can empower women is by allowing
them to take control of their own health and well-being. Women who are able to take
time off work during their menstrual cycles are better able to manage their symptoms
and take care of themselves, which can lead to improved physical and mental health.
This, in turn, can help to reduce absenteeism and increase productivity. In addition to
improving women's health, menstrual leave can also help to promote gender equality
in the workplace by reducing the stigma and discrimination that women face. By
recognizing the challenges that women face during their menstrual cycles and
providing them with time off to manage their symptoms, employers can demonstrate
their commitment to creating a workplace that is inclusive and supportive of women.
Finally, menstrual leave can also help to promote women's economic empowerment
by reducing the gender pay gap and improving women's overall employment
prospects. By providing women with the flexibility to manage their menstrual cycles,
employers can help to create a more level playing field for women in the workplace,
which can lead to greater economic opportunities and better outcomes for women and
their families.49 Thus, provision of menstrual leave is an important policy issue that
can play an important role in promoting women's empowerment in India. By
recognizing the unique challenges that women face during their menstrual cycles and
providing them with time off to manage their symptoms, menstrual leave can help to
promote gender equality in the workplace and improve the overall well-being of
women.
I.3.G Menstrual Leave and Feminism
I.3.G.1 The provision of menstrual leave can be seen as a feminist issue in India, as it seeks to
address the specific challenges that women face in the workplace due to their
menstrual cycles. Feminism is about promoting gender equality and addressing the
ways in which women are disadvantaged in society. One of the ways in which women

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are disadvantaged in the workplace is through the stigmatization of menstruation.

Menstrual leave seeks to challenge this stigma by acknowledging the unique
challenges that women face during their menstrual cycles and providing them with
time off to manage their symptoms. Menstrual leave can also be seen as a way of
promoting women's agency and autonomy. By providing women with the ability to
manage their menstrual cycles in a way that is convenient and supportive of their
well-being, menstrual leave can help women to feel more in control of their bodies
and their lives. This can help to promote a sense of empowerment and self-
determination among women, which is a key goal of feminist movements. 50 In

addition, menstrual leave can help to challenge gender stereotypes and traditional
gender roles. By providing women with time off to manage their menstrual cycles,
menstrual leave can challenge the idea that women are solely responsible for domestic
duties and caretaking, and demonstrate that women are capable and valuable members
of the workforce.
I.3.H Initiatives in the country
I.3.H.1 A school in Kerala allowed period leaves to schoolgirls in 1912, whereas, women
employees in Bihar Government services have been eligible for two days of such
leaves in a month. There are numerous more industries and business in India that
provide women with menstrual leave. Like last year in August, a food company,
“Zomato”, enabled women to take up to 10 days of period leave per year, but there is
no such central rule addressing Menstrual Leave. Menstrual Benefit Bill, 2017 was
introduced allowing women the right to avail a four-day menstrual leave. The bill,
however, was rejected by the Ministry of Woman and Child Affair but there are many
who applauded the bill, which shows that India is only a few steps away from
enacting a policy that will benefit all working women of the society. Essentially, the
grounds made against menstrual leave are that some individuals believe it violates the
right to equality, which is frequently claimed by men. Another viewpoint is that this
makes women more susceptible because firms prefer to hire male staff over female
employees. Lastly, it will exacerbate the stereotype that women are too sensitive, too
emotional, or even too expensive to be hired as employees in our society. The last two
arguments are essentially a problem with societal thinking that every woman has to
deal with on daily basis, and this type of thinking should not be aired by not
supporting menstruation leave.

21
II. Whether non-recognition of menstrual leave to girls and women of all ages is
violative of their Fundamental Rights under Art. 14, 15 & 21.
The council most humbly submits that the petition filed by WRS has a substantive issue of
non-recognition of menstrual leave to girls and women of all ages, which is violative of their
[2.1] Fundamental Rights under Articles 14, 15 and 21. [2.2] Not only is it violative of these
fundamental rights it also violates provisions under Labour law. [2.3] Laws and Bills that
directly or indirectly relate to menstrual leave in India
II.1Violation under Article 14

II.1.0 Article 14 of the constitution of India guarantees “equality before the law” and “equal
protection of the law” to any person within the territory of India. The contention
regarding the discriminatory nature of the policy can be challenged upon the
constitutional provision under Article 14 that talks about the notion of „Equality
before law‟ and if there are rules that supervise the behaviour of all the employees,
there shall exit equality on equal footing. As men do not menstruate, women given no
choice shall not fall behind because of their biological structure. The menstrual leave
policy is also guarded by Exception 15(3) of Article 15(1) of the Indian Constitution
which gives power to the legislative body to make rules and special provisions on
positive discrimination that would benefit the victims of patriarchy that is, women and
children. Further, Article 42 of Indian Constitution under the Directive Principles of
State Policy (DPSP) empowers the state to make sure that there are just and
reasonable conditions of work as well as maternity relief for women.
II.1.A Article 14 of the Indian Constitution reads as- “14. Equality before law- The State
shall not deny to any person equality before the law or the equal protection of the laws
within the territory of India Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth.” This Article has been brilliantly drafted by the wise
framers of our Constitution to include not only a negative duty but also a positive
liability upon the State. Negative duty of the State refers to the duty that the State
shall not intervene in the rights of the subjects whereas, the positive duty places the
liability upon the State to frame laws that shall protect the ones who need it. Thus, the
meaning that this Article implies isn’t that everybody should be treated equally, but
that there should not exist any special treatment between classes without justifiable

22
reasons attached for the same. Equal protection of the laws means that people
similarly situated ought to have the same laws applicable to them. If an act which
protects the right of women to take maternity leave is valid and has been welcomed, it
is difficult to argue why the notion of menstrual leave needs to be targeted as being
unfairly prejudicial to ones who can’t avail it given that nobody has a choice when it
comes to period or the way it effects both mental and physical wellbeing.
II.1.B In Air India v. Nergesh Meerza22, The Court struck the impugned regulations, stating
that the thought there was an intelligible differentia on the basis of sex, the
classification did not have any nexus with the object of the Act; it was arbitrary and
unreasonable, thereby violating Article 14.
II.1.C The spirit of Articles 14 and 15 of the Indian Constitution is encapsulated in the
notion of Aristotle, “Equality consists of the same treatment of similar persons.” This
implies that equal treatment of unequal persons siphons down to discrimination.
Similarly, in the landmark judgment of Ram Krishna Dalmia v. Justice Tendolkar 23,
where the jurisprudence of equality before the law has been described by the Supreme
Court, as allowing the state to make differential classifications of subjects based on a
rational nexus, having an objective to be achieved by the differentia.

II.2.0 In Anuj Garg v. Hotel Association24, the Supreme Court correctly interpreted the
ethos of Article 15. At the time, § 30 of the Punjab Excise Act 25, 1914 prohibited men
below the age of 25 and women (of all ages) from being employed in places where
liquor and other intoxicating substances were consumed in public. The § was
challenged for being ultra vires Article 14, 15 and 16. This is a progressive decision,
where the Court took into account feminist ideas, individual rights, the purpose and
object of International Treaties (such as CEDAW and Beijing Declaration) to talk
about the dignity and autonomy of women. In the instant case, the conflict was
between respecting the individual rights of women and the problem of practical
import (implementation and security). When the said Act came into force, the idea of
equality between the sexes was non-existent. However, the Court recognized that we,
as a society have reached a time where current realities require us to take leave of the
22
1982 SCR (1) 438
23
AIR 1958 SC 538
24
2008 SC 663
25
Punjab Excise Act

23
themes such as those enshrined in the impugned §. There is a tension between the
right to employment and security of the employees (thereby invoking the doctrines of
self-determination and interest of the individual); this cannot be interpreted in a
manner so as to handicap the women and undermine their autonomy in choosing the
profession they choose; further, it is the duty of the State to come up with new models
of security to ensure that women are not rendered vulnerable at their workplace. The
Supreme Court took a progressive step and held that, in light of the foregoing, the
impugned provision could not be considered to be a ‘special provision’ meant for the
benefit of women; “It is the state’s duty to ensure circumstances of safety which
inspire confidence in women to discharge duty freely in accordance to requirements
of profession they choose to follow”.
II.2.A Clause 3 of Article 15 states that nothing in this Article shall prevent the State from
making any special provision for women and children.The special treatment meted
out to women and children by Article 15(3) thus recognizes the need to overcome the
structural discriminations prevalent in society through positive discrimination. The
Article lays the foundation for gender equality not only in terms of equality of
opportunity but also in terms of equality of results. It seeks to enable women to
surpass the obstacles of socio-economic, cultural or political discrimination and
facilitates the goal of gender parity.
II.2.B The Indian Constitution's Fundamental Rights, specifically Article 14, 15, and 21,
guarantee essential rights such as equality, life, personal liberty, and the right to work
and live with dignity. These rights are vital in ensuring that everyone can live a life of
respect without discrimination or oppression. One recent development that stems from
these rights is the introduction of a paid menstrual leave policy. This policy is a
proactive approach towards enabling women to fully and meaningfully exercise their
Fundamental Rights, without any discomfort or hindrance caused by menstruation. It
recognizes the unique challenges that women face during this time and aims to offer
them the necessary support to work and live with dignity.
II.2.C The spirit of Articles 14 and 15 of the Indian Constitution is encapsulated in the
26
AIR 1958 SC 538

24

II.2.D In Anjali Roy v. State of West Bengal27, the court further held that all differentiation
would not amount to discrimination if it is made owing to natural differences in
persons.
II.2.E In a diverse country like India, ensuring that equal opportunity is granted to the
people acquires great importance. This is to ensure the empowerment of every
individual to fulfill their goals without any discrimination. The concept of ‘Protective
Discrimination’ under Article 15 of the Indian Constitution helps achieve the goal of
equal opportunity in the context of disadvantaged persons, to help them live a
meaningful life. A great example of its effective implementation would be Article
15(5) where special provisions are made for citizens of socially and educationally
backward classes to put them on an equal platform. Article 15(5) is an example of
how special provisions are made for citizens of socially and educationally backward
classes to place them on an equal platform with others.
II.2.F Considering menstruation is a bodily phenomenon, that no one including the
menstruating girl or women has any control over, it applies to a larger argument
comprising Article 15(3) of the Indian Constitution which talks about special
provisions for women and children.
II.2.G Article 15 discrimination on the grounds only of sex has been prohibited. However,
clause 3 of the said article provides that the State can make special provisions solely
for women and children and nothing in article 15 shall prevent the State from making
such provisions. Thus, from the above two Articles it can be observed that the
Constitution itself casts a duty on the State for providing relief to women in matters of
employment and a healthy working environment for the women employees, both
physically and mentally.
II.2.H Clause 3 of Article 15 states that nothing in this Article shall prevent the State from
making any special provision for women and children. The special treatment meted
out to women and children by Article 15(3) thus recognizes the need to overcome the
structural discriminations prevalent in society through positive discrimination. The
Article lays the foundation for gender equality not only in terms of equality of
opportunity but also in terms of equality of results. It seeks to enable women to
27
AIR 1952 CAL 822

25
surpass the obstacles of socio-economic, cultural or political discrimination and

facilitates the goal of gender parity.
II.2.I Considering menstruation is a bodily phenomenon, that no one including the
menstruating girl or women has any control over, it applies to a larger argument
comprising Article 15(3) of the Indian Constitution which talks about special
provisions for women and children.
II.2.J In a diverse country like India, ensuring that equal opportunity is granted to the
people acquires great importance. This is to ensure the empowerment of every
individual to fulfill their goals without any discrimination. The concept of ‘Protective
Discrimination’ under Article 15 of the Indian Constitution helps achieve the goal of
equal opportunity in the context of disadvantaged persons, to help them live a
meaningful life. A great example of its effective implementation would be Article
15(5) where special provisions are made for citizens of socially and educationally
backward classes to put them on an equal platform. Article 15(5) is an example of
how special provisions are made for citizens of socially and educationally backward
classes to place them on an equal platform with others. Considering menstruation is a
bodily phenomenon, that no one including the menstruating girl or women has any
control over, it applies to a larger argument comprising Article 15(3) of the Indian
Constitution which talks about special provisions for women and children.
II.2.K In Anjali Roy v. State of West Bengal28, the court further held that all differentiation
would not amount to discrimination if it is made owing to natural differences in
persons.
II.2.L The spirit of Articles 14 and 15 of the Indian Constitution is encapsulated in the
28
AIR 1952 CAL 822
29
AIR 1958 SC 538

26
II.3.0 Another aspect for the constitutional validity of such a policy derives its strength form
Article 21 of the Indian constitution which guarantees to every person the right to life.
II.3.A Article 21 of the Indian Constitution reads as-
II.3.A.1 “21. Protection of life and personal liberty- No person shall be deprived of his
life or personal liberty except according to procedure established by law.” The right to
life under this article includes the right to live with human dignity. In a country like
India where women have to face many kinds of social stigmas, either in the society or
at their workplace, in many cases
II.3.B The Indian Constitution's Fundamental Rights, specifically Article 14, 15, and 21,
guarantee essential rights such as equality, life, personal liberty, and the right to work
and live with dignity. These rights are vital in ensuring that everyone can live a life of
respect without discrimination or oppression. One recent development that stems from
these rights is the introduction of a paid menstrual leave policy. This policy is a
proactive approach towards enabling women to fully and meaningfully exercise their
Fundamental Rights, without any discomfort or hindrance caused by menstruation. It
recognizes the unique challenges that women face during this time and aims to offer
them the necessary support to work and live with dignity.
II.3.C The Right of Women to Menstrual Leave and Free Access to Menstrual Products Bill
of 2022 30(The Bill), fundamentally noted that menstrual leaves are an expansion of
Article 21, through which it proposes to allow a maximum of three days of paid
menstrual leaves for menstruating women. ‘Right to Life’ under Article 21 entails
‘meaningful existence’ as opposed to ‘animal existence,’ as stated by the Supreme
Court in Kharak Singh v. State of Uttar Pradesh 31. The ‘meaningful existence’ here
entails that right to life should not be restricted to a ‘breathe and exist’ schedule and
appropriating a more reasonable and considerable approach to the meaning
attributable to Article 21. In Unni Krishnan v. State of Andhra Pradesh 32, the Court
further held that the ‘Right to Health’ would fall under the ambit of Article 21, thus,
making health an inherent necessity for a dignified life. Reading the existing
constitutional provisions and The Bill together, one being a grundnorm, and the other
30
Right Of Women To Menstrual Leave And Free Access To Menstrual Products Bill Of 2022
31
AIR 1963 SC 1295
32
AIR 1993 SC 2178

27
being a proposition for a potential legislation, it can be inferred that paid menstrual
leaves may be claimed by extending the Right to Health, as under the Right to Life.
II.4Labour Law
II.4.0 The Equal Remuneration Act, of 1976 33(The Act) provides that men and women have
to be paid equally if they do ‘equal work.’ This applies when the work is being done
under “similar working conditions” which has been provided under § 2(h) of The Act.
In the present case, the authors wish to establish that menstruating women are not
working under “similar working conditions.” The same can only be true when they’re
granted paid menstrual leaves on days when their capacity to work is being hindered
by a bodily phenomenon that is not under their control, as has been stated above.
II.4.A Further, The Act was brought in to replace the Ordinance of 1975, and the objective
of the Ordinance itself was to promote employment opportunities for women while
ensuring that there was no discrimination against their recruitment. This objective of
The Act is directly in contradiction with the apprehensions that the government has
put forth regarding the implementation of the paid menstrual leave policy. In due
cognizance of the same, “Work of a similar nature” must be construed in terms of the
‘period of applicable work’ and not merely the quantity of work, because the
circumstances of the employee must be taken into account. Thus it is important to
ensure that women are being given an equal opportunity to work based on their
capacity to work, which would establish equity between the male and female
employees and would ensure that the women’s fundamental rights are not being
violated.
II.4.B It is crucial to examine the menstrual leave policies around the world in order to
understand where India stands and the possible takeaways from the policies in other
nations. Japan, being the country of origin of the ‘menstrual leave’ notion, has a
mandatory menstrual leave policy in play under Article 68 of Labor Standards Act if
the female employee expresses difficulty in working during her menstrual period, but
the question of ‘paid’ menstrual leave has been a concern in Japanese Workplaces.
South Korea, by means of the 2001 domestic legislation, have permitted one day of
‘unpaid’ physiological leave per month to female workers, while employing a
33
Equal Remuneration Act,1976

28
stringent leave-grant policy for employers to follow and approve these leaves. The
Philippines on the other hand by means of their 2019 arrangement, have discussed to
allow two paid leaves per month for menstruating female employees. The Spanish
authorities have been the first ones in Europe to approve ‘paid menstrual
leaves’ although the period cap regarding the leave(s) remains unclear. Indonesia,
being another country that provides its citizens with a curated menstrual leave policy,
allows two days paid leave, which in practice is purely discretionary. It is crucial to
understand that these policies are either specifically targeted towards ‘female’
employees and not ‘menstruating bodies,’ or offer unpaid menstrual leaves. They’re
discretionary in practice, which clearly show that India along with other nations is still
in its natal stage. India has the opportunity to become a trendsetter and establish a
model paid menstrual leave framework by implementing a policy which allows for
paid menstrual leaves to women and covers the gaps as found in other foreign
policies.
II.4.C The Central government, though, at present has dismissed the idea of the
implementation of a paid menstrual leave policy, but in the future if the legislative
bodies table such a policy, they should take into account that it is in cognizance of the
fundamental spirit of all the Constitution. The policy should not cater protection of a
handful of rights, and must strive to achieve the Constitution which is the equitable
advancement of all. Similarly, it should cater protection to all and thus, must be
gender neutral in its approach. In the landmark case of the National Legal Service
Authority [NALSA] v UOI, the Supreme Court observed that transgender persons
have faced immense discrimination in all spheres of their lives and held that the Right
to Equality under Article 14 was framed in gender-neutral terms and consequently
would extend to the transgender persons also. Similarly, the prospective paid
Menstrual Leave policy must not limit its scope to women but extend itself to other
menstruating bodies as well, including trans-women, to keep in consonance with the
objective of the Bill to ensure trans-women were not discriminated against.
II.5Judicial Approaches Over The Years

II.5.0 It can be argued that a special provision of menstruation pain leaves exclusive to
women can be discriminatory in nature; however, it needs to be understood the
Constitution of India envisages the protective discrimination principle under Article

29
14 that among equals the law should be equal and equally administered or simply put,
the like should be treated like. Thus, women not being alike to men in this aspect shall
have the right to be treated differently. Article 15(3) specifically states that nothing in
Article 15 shall prevent the state from making special provisions for women and
children.
II.5.A Articles 14 and 15 provide for reasonable classification which allows special laws for
particular classes of society. The Supreme Court of India observed that for a
classification to pass the reasonability test, the classification must be founded on an
intelligible differentia which distinguishes those that are grouped from others and the
differentia must have a rational relation to the object sought to be achieved by the
provision. Here in the present context, the gender classification is based on intelligible
differentia since men and women differ in this aspect as it is the women, and not men,
who experience menstruation s every month; and the main object of this provision is
to not let women compromise their well being or work efficiency owing to the
problems caused by menstruation. Thus providing menstruation pain forms a
reasonable nexus between the classification made or differentia and the object of the
provision.
II.5.B The Supreme Court in Francis Coralie Mullin vs The Administrator,Union Territory
of Delhi held that the expression “life” in Article 21 means a life with human dignity
and not mere survival or animal existence. Health and well-being are inherent parts of
a dignified life.
II.5.C Bihar and Kerala are the only two states that have government-approved provisions
for menstrual leaves. Judiciary has always questioned social structures that treat
women as inferior through its progressive judgements as in the Sabarimala judgment,
J. Chandrachud observed “ Notions of “purity and pollution”, which stigmatized
individuals, can have no place in a constitutional regime.”. In the Puttaswamy
judgment right to privacy was acknowledged. Considering menstrual leaves from the
lens of dignity and equality enables us to theoretically justify how the idea fits in our
Constitutional setup.
II.6Laws In Place
II.6.0 The Menstrual benefit Bill 2017 provides female employees 2 days of menstrual
leaves every month, leave from school in case of female students, overtime allowance
for female employees in case they choose to work during menstruation and 30

30
minutes of rest, twice a day for 4 days in case the female employee opts to work
during her menstruation.
II.6.A The same bill was introduced again this year by Ninong, on the first day of the Budget
Session of 2022 before the Arunachal Pradesh Legislative Assembly which was
dismissed by the Legislative Assembly as it deemed it to be an ‘unclean’ topic. The
irony is that neighbouring state Assam is the home to the Kamakhya Temple, which is
a shakti peeth where the yoni (genitals, womb) of deity Sati fell after Shiva tandava.
Ambubachi Mela is celebrated every year to celebrate the menstruation period of the
goddess.
II.6.B The Women's Sexual, Reproductive and Menstrual Rights Bill, 2018 is a proposed
bill by Shashi Tharoor, MP from Thiruvananthapuram that includes provisions to
ensure access to safe and legal abortion, comprehensive sex education, and affordable
and accessible menstrual health products.
II.6.C Menstrual pain is a tragedy that so many women are forced to suffer in silence, with
their pain dismissed as mere "womanly troubles" and not given the attention and
recognition it deserves. There exist some contentions that period leaves will push
back women in the equality line but at the same time we need to acknowledge that

31
III. Whether the menstrual leave ensures socioeconomic equality as enshrined in

DPSPs?
III.1 The council for the petitoner would most humbly likes to submit that there are many
socioeconomic equality enshrined in DPSP for menstrual leave.
III.2 The Directive Principles of State Policy (DPSPs) in the Constitution of Indus provide
guidelines for the government to promote the welfare of the people and establish a just
society. Socioeconomic equality is one of the core principles enshrined in the Directive
principles of state policy .
III.3 Menstrual leave, if recognized and implemented, aligns with the principles of
socioeconomic equality as enshrined in the Directive Principles of State Policy (DPSPs)
in the Constitution of Indus. This recognition would not only address the unique health
needs of female employees but also promote gender equality in the workplace,
contributing to a more inclusive and equitable society.
III.3.0 Promotion of Gender Equality: Granting menstrual leave acknowledges the biological
differences between men and women and ensures that women are not disadvantaged
in the workplace due to their reproductive health. This promotes gender equality by
recognizing and accommodating the specific needs of female employees.
III.3.A The Supreme Court in Vishaka v. State of Rajasthan34 held that sexual harassment at
the workplace violates the fundamental rights of gender equality and the right to life
and liberty under Articles 14, 15, and 21 of the Constitution of Indus. This case
established guidelines to prevent and address sexual harassment in the workplace and
emphasized the importance of promoting gender equality and preventing
discrimination Supreme Court in this case also held that Gender equality includes
protection from sexual harassment and right to work with dignity, which is a
universally recognised basic human right.
34
AIR 1997 SC 3011

32
III.3.B Provisions in the 'Convention on the Elimination of All Forms of Discrimination

against Women'35,:
III.3.C Article11:
"1. States Parties shall take all appropriate measures to eliminate discrimination
against women in the field of employment in order to ensure, on basis of equality of
men and women, the same rights, in particular:
(f) The right to protection of health and to safety in working conditions, including the
safeguarding of the function of reproduction.
3.3.5 Article 38 (2) of Indian constitution states that The State shall, in particular, strive to
minimize the inequalities in income, and endeavour to eliminate inequalities in status,
facilities and opportunities, not only amongst individuals but also amongst groups of
people residing in different areas or engaged in different vocations if menstrual leaves
were granted to female it will eliminate the inequality and pave the way for greater
equality.
3.3.6 Article 39 of the Constitution directs the State to ensure that there is no discrimination
on the grounds of sex. Providing menstrual leave helps fulfill this directive by
ensuring that female employees are not discriminated against based on their biological
sex.
3.3.7 Mandating paid menstrual leave in the workplace is essential for promoting gender
equality and supporting women's health. Women's health needs, including
menstruation, are often overlooked in the workplace, leading to disparities in
treatment and opportunities. Providing paid menstrual leave acknowledges and
addresses these specific health needs, ensuring that female employees can manage
their menstruation without compromising their economic security or productivity. In
Nargesh Meerza36 case , the Supreme Court recognized the importance of promoting
gender equality in the workforce. The court held that denying maternity benefits to
female employees contravenes Articles 14, 15, and 16 of the Constitution. This
landmark case underscores the need for workplace policies that support women's
health and well-being.
35
Convention On The Elimination Of All Forms Of Discrimination Against Women
36
Air India V. Nargesh Meerza AIR 1981 SC 1829

33
3.3.8 Article 42 of the Directive principles of state policy directs the state to provide just
and humane conditions of work and maternity relief. Mandating paid menstrual leave
aligns with this directive by ensuring that female employees have access to necessary
health accommodations in the workplace, contributing to their overall well-being.
3.3.9 Article 43 The State shall endeavour to secure, by suitable legislation or economic
organisation or in any other way, to all workers, agricultural, industrial or otherwise,
work, a living wage, conditions of work ensuring a decent. standard of life and full
enjoyment of leisure and social and cultural opportunities and, in particular, the State
shall endeavour to promote cottage industries on an individual or co-operative basis in
rural areas
3.3.10 Article 46 The State shall promote with special care the educational and economic
interests of the weaker sections of the people, and, in particular, of the Scheduled
Castes and the Scheduled Tribes, and shall protect them from social injustice and all
forms of exploitation.
3.3.11 Article 47 The State shall regard the raising of the level of nutrition and the standard
of living of its people and the improvement of public health as among its primary
duties and, in particular, the State shall endeavour to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and of drugs which
are injurious to health.
3.4 Right to Health and Dignity:
3.3.5 Menstrual leave contributes to the right to health and dignity, which are essential
components of socioeconomic equality. By allowing women to manage their
menstrual symptoms without compromising their productivity or dignity, menstrual
leave ensures that female employees can fully participate in the workforce on equal
terms as their male counterparts. The Supreme Court in Consumer Education &
37
Research Centre v. Union of India :This case affirmed the importance of protecting
the right to health as integral to human dignity and socioeconomic well-being and
recognized the right to health as a fundamental right implicit in the right to life and
personal liberty under Article 21 of the Constitution of Indus.
37
Consumer Education & Research Centre V. Union Of India AIR 1995 SC 922

34
3.3.6 The Directive Principles of State Policy in Part IV of the India Constitution provide a
basis for the right to health. Article 39 (E) directs the State to secure health of
workers, Article 42 directs the State to just and humane conditions of work and
maternity relief, Article 47 casts a duty on the State to raise the nutrition levels and
standard of living of people and to improve public health. Moreover, the Constitution
does not only oblige the State to enhance public health, it also endows the Panchayats
and Municipalities to strengthen public health under Article 243G.
3.3.7 Given no explicit recognition of the right to health or healthcare under the
Constitution, the Supreme Court of India in Bandhua Mukti Morcha Case38
interpreted the right to health under Article 21 which guarantees the right to life. In
State of Punjab & Ors v Mohinder Singh Chawla39 the apex court reaffirmed that the
right to health is fundamental to the right to life and should be put on record that the
government had a constitutional obligation to provide health services. In State of
Punjab & Ors v Ram Lubhaya Bagga 40, the court went on to endorse the State’s
responsibility to maintain health services.
3.4 Workplace Diversity and Inclusion: Providing menstrual leave fosters workplace
diversity and inclusion by acknowledging and accommodating the biological differences
among employees. This creates a more supportive and inclusive work environment
where women feel valued and respected. The Supreme Court in National Legal Services
Authority v. Union of India41 recognized the importance of creating inclusive workplaces
that accommodate the needs of diverse groups, including women.
3.5 Economic Empowerment of Women: Menstrual leave contributes to the economic

empowerment of women by ensuring that they are not penalized for their biological
functions. By allowing women to take time off during menstruation without financial
repercussions, menstrual leave enables women to participate more fully in the workforce
and advance their careers. This aligns with the objective of promoting socioeconomic
equality by empowering marginalized groups. The Supreme Court in Air India v.
Nargesh Meerza42 held that denying maternity benefits to female employees contravened
38
Supra At 10
39
AIR 1997 SC 1225
40
AIR 1998 SC 1703
41
AIR 2014 INSC 275
42
Supra At 22

35
Articles 14, 15, and 16 of the Constitution of Indus and emphasized the importance of
promoting the economic empowerment of women. This case underscored the
importance of ensuring equal treatment and opportunities for women in the workforce,
including access to maternity benefits and economic empowerment.
3.6 Mandating paid menstrual leave contributes to the socioeconomic empowerment of

women by enabling them to fully participate in the workforce without facing
discrimination or health-related barriers. Women's ability to work and earn a livelihood
is fundamental to their economic independence and empowerment. Paid menstrual leave
ensures that women can manage their health needs while pursuing their careers, thereby
enhancing their economic opportunities and contributing to their overall empowerment.
3.7 In Olga Tellis v. Bombay Municipal Corporation43 (1985), the Supreme Court held that
the right to life under Article 21 of the Constitution includes the right to livelihood.
Providing paid menstrual leave safeguards women's right to health and livelihood, as it
allows them to prioritize their health without risking their employment or financial
stability.
3.8 Article 39 of the DPSPs emphasizes the state's obligation to ensure citizens' right to an
adequate means of livelihood. Mandating paid menstrual leave aligns with this directive
by removing barriers to women's participation in the workforce and promoting their
economic empowerment.
3.9 right to work and education: § 41 of Indian constitution states that the state shall within
the limits of its economic capacity and development, make effective provisions for
securing the right to work and to education.
3.10 Right to Work: Menstrual leave ensures that women can continue to work effectively
without being penalized for their biological functions. By providing women with the
opportunity to take time off during menstruation without fear of losing their jobs or
facing financial repercussions, menstrual leave helps secure their right to work. This is
particularly important considering that menstrual symptoms can affect productivity and
well-being, making it challenging for women to fulfill their work responsibilities
without adequate support.
43
AIR 1986 SC 180

36
3.11 Right to Education: Menstrual leave also intersects with the right to education,
especially for female students. Many girls may miss school during menstruation due to
discomfort, lack of access to menstrual hygiene products, or social stigma surrounding
menstruation. By providing menstrual leave to female students, educational institutions
can ensure that girls do not miss out on valuable learning opportunities due to
menstruation. This helps secure their right to education and promotes gender equality in
access to education.
3.12 Fulfillment of Constitutional Mandates : Mandating paid menstrual leave fulfills the
constitutional mandates of ensuring justice, equality, and dignity for all citizens,
irrespective of gender. Denying menstrual leave to female employees perpetuates
gender-based discrimination and undermines the principles of equality enshrined in the
Constitution. By recognizing and accommodating women's health needs, paid menstrual
leave upholds the constitutional values of justice, equality, and dignity. Articles 14, 15,
and 21 of the fundamental rights emphasize the state's commitment to ensuring justice,
equality, and dignity for all citizens. Mandating paid menstrual leave aligns with these
principles by addressing gender-based disparities in the workplace and promoting equal
treatment of female employees. And Article 38 of Directive principles of state policy
states that the State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social, economic and
political, shall inform all the institutions of the national life.
3.13 One of the provisions from which such a policy of providing period leave for the women
can be justified is Article 42 of the constitution. This Article falls under the chapter of
Directive Principles of State Policy. As per this article, the State is mandated to “make
provision for securing just and humane conditions of work and maternity relief”.
Further, under
3.14 The former specifically relates to the “just and humane conditions of work”. Now
considering the policy of period leave with regards to this it can easily be concluded that
the women employees who, because of the absence of such a policy are bound to work
during their menstruation period, such a practice would qualify as unjust and inhumane
and a violation of this Article. The State is under an obligation, by virtue of Article 42,
to ensure “just and humane conditions of work” for women employees and to fulfil its
obligation.
37
3.15 The legislators should be reminded of the objectives of the state as given under Part IV
(DPSPs) in Article 39(e) and Article 47, which aim to secure nutrition and the standard
of living and to improve public health.” Also, Article 42 states that the “State shall make
provision for securing just and humane conditions of work and for maternity relief.”

38
PRAYER
Wherefore in light of issues raised, arguments advanced and authorities cited, it is most
humbly requested that this Hon’ble Court pass an order
a. To Declare, that the PIL is Maintainable
b. To Declare, a violation of Art. 14, 15 and 21
c. To Hold, Socioeconomic Equality in DPSP
AND/OR
Pass any other order or relief that this Hon’ble court believes is in the best
interest of Justice, Fairness, Equity, and Good Conscience.
All of which is most humbly and respectfully submitted.

Amcc 28 Petitioner

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1 AMCC-28

IN THE SUPREME COURT OF INDUS

PUBLIC INTEREST LITIGATION

W.P. (Civil) No. of 2024

Under Art. 32 of the Constitution of Indus, 1950,

Women Rights Sangathan

THE SUPREME COURT OF INDUS

MEMORIAL FOR THE PETITONER

MEMORIAL FOR THE PETITIONER

1. WHETHER THE PRESENT PUBLIC INTEREST LITIGATION PETITION IS

1.1. Recognition of Public Interest Litigation by NGO’s having locus standi

1.2. Recognition of great Public Interest

2. WHETHER NON-RECOGNITION OF MENSTRUAL LEAVE TO GIRLS AND

2.1. Violation under Article 14

2.2. Violation under Article 15

2.3. Violation under Article 21

2.4. Violation under Labour Law

2.5. Judicial Approaches over the Years

2.6 Laws In Place

3. WHETHER THE MENSTRUAL LEAVE ENSURES SOCIOECONOMIC EQUALITY

MEMORIAL FOR THE PETITIONER

I.P.C Indian Penal Code

Ibid The same place

U/s Under Section

S.C.J Supreme Court Journal

MEMORIAL FOR THE PETITIONER

BILLS, LAWS AND JUDICIAL PRONOUNCEMENTS:

MEMORIAL FOR THE PETITIONER

MEMORIAL FOR THE PETITIONER

This Article states that:

“Right to Constitutional Remedies

MEMORIAL FOR THE PETITIONER

WHETHER PRESENT PUBLIC INTEREST LITIGATION IS MAINTAINABLE OR

WHETHER NON-RECOGNITION OF MENSTRUAL LEAVE TO GIRLS AND

WHETHER THE MENSTRUAL LEAVE ENSURES SOCIOECONOMIC EQUALITY AS

MEMORIAL FOR THE PETITIONER

A software development Company, that designs and develop custom software

MEMORIAL FOR THE PETITIONER

 Emily’s Role in Dripkart:

As a software developer she was involved in researching, designing, implementing,

 Status in Poa and Emilys Message

 Women Rights Sangathan:

Women Rights Sangathan (hereinafter referred to as WRS), an NGO which conducts

MEMORIAL FOR THE PETITIONER

1. Whether present public interest litigation is maintainable or not?

MEMORIAL FOR THE PETITIONER

3. Whether the menstrual leave ensures socioeconomic equality as enshrined in DPSPs?

MEMORIAL FOR THE PETITIONER

I. Whether present Public Interest Litigation is maintainable or not?

I.1 Recognition of Public Interest Litigation by NGOs having locus standi

MEMORIAL FOR THE PETITIONER

I.1.0.3 Litigation: A judicial controversy. A contest in a court of justice, to enforce a right. 3

I.2 Recognition of great Public Interest in the present petition

MEMORIAL FOR THE PETITIONER

MEMORIAL FOR THE PETITIONER

MEMORIAL FOR THE PETITIONER

I.3.A Menstrual Leave and Hindu Philosophy

can impact women's access to education, employment, and healthcare. 20 However,

emphasizes the importance of balance and harmony in life. 21 Women's menstrual

menstruation have contributed to the stigma surrounding menstruation in India.