Nisha Ghosal
A bench comprising Chief Justice D N Patel and Justice Prateek Jalan of the Delhi High Court heard the plea and asked the government and others to consider grievances mentioned under the plea as a representation as per the law.
The Delhi Labour Union had filed a PIL (Public Interest Litigation), through Advocate Rajiv Aggarwal, seeking supervision to permit paid leaves to different working women (daily wage, contractual, outsourced, etc.) during their mensuration period.
The bench disposed of the plea and granted the petitioner the liberty to approach the appropriate forum.
The plea also sought to ensure separate and clean toilet facilities, and free sanitary napkins to women during their menstruation.
The plea said:
“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.”
The plea further stated, “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.”
