Court acknowledges menstrual leave as vital welfare measure, urging swift policy implementation for KSRTC conductors
In a landmark judgment, the Kerala High Court has directed the State Government to consider implementing a policy granting two days' paid menstrual leave for women conductors in the Kerala State Road Transport Corporation (KSRTC). The judgment, delivered by Justice Viju Abraham, underscores the significance of menstrual leave as a progressive welfare measure that aligns with constitutional provisions ensuring dignity and humane working conditions for women employees.
The petitioners, including three women conductors and an organization representing KSRTC employees, approached the court highlighting the severe challenges faced by female bus conductors due to long working hours, inadequate restroom facilities, and the absence of menstrual product disposal systems. These conditions, they argued, exacerbate physical discomfort and health issues, impacting their well-being and productivity.
The court acknowledged the physical and psychological impact of menstruation on women employees and emphasized that menstrual leave is consistent with Articles 21, 15(3), and 42 of the Indian Constitution. These articles collectively support the protection of women's dignity and the provision of just and humane working conditions.
Drawing parallels with the policies adopted in other states like Karnataka, Bihar, and Odisha, where menstrual leave is granted to women employees, the petitioners contended that similar measures should be extended to KSRTC conductors. The court noted that such a policy would not only enhance employee welfare but also foster a more inclusive workplace.
The court has directed the State Government to consider the petitioners' representation and pass orders on the matter within three months, ensuring that the petitioners are given an opportunity to be heard. This judgment marks a significant step towards recognizing the rights and needs of women employees in the workforce.
Bottom line:-
Menstrual leave is a progressive welfare measure that recognizes the physical and psychological impact of menstruation on women employees. Such leave aligns with constitutional provisions ensuring dignity and humane working conditions for women.
Statutory provision(s): Article 21, Article 15(3), Article 42 of the Constitution of India.
Asha S S. v. State of Kerala, (Kerala) : Law Finder Doc id # 2949318
