Kerala High Court Seeks State Government's Instructions on KSRTC Menstrual Leave Request
The Kerala High Court, sitting in Kochi, has formally requested instructions from the state government regarding a significant representation submitted by women conductors of the Kerala State Road Transport Corporation (KSRTC). The representation seeks the provision of two days of paid menstrual leave per month, a matter the court has described as "very serious."
Court's Oral Observations and Petitioner's Arguments
A bench presided over by Justice N Nagaresh made this directive while hearing petitions filed by S S Asha and other women conductors. During the proceedings, the court orally emphasized the gravity of the issue and inquired whether the state government could feasibly examine the request.
Counsel representing the petitioners presented compelling arguments, highlighting that KSRTC operates under a demanding double-duty system. This system requires conductors to work extensive shifts, often spanning 14 to 16 hours daily, which can exacerbate health challenges during menstruation.
To bolster their case, the petitioners' counsel referenced precedents from other Indian states, noting that similar menstrual leave policies have already been implemented in Odisha, Bihar, and Karnataka. This comparison was intended to demonstrate the viability and growing acceptance of such measures across the country.
KSRTC's Opposition and Financial Concerns
In response to the petitions, KSRTC had previously submitted a counter-affidavit strongly opposing the grant of menstrual leave. The corporation argued that such a policy would be financially and administratively unsustainable.
KSRTC provided detailed statistics to support its stance, revealing that it employs a total of 2,846 women, with 1,842 serving as conductors. If two days of paid menstrual leave were approved for these conductors, the corporation would need to account for approximately 5,700 paid leave days annually.
The affidavit further contended that this reduction in available manpower would lead to significant operational disruptions. KSRTC warned that it would be forced to make alternative staffing arrangements or hire additional personnel, resulting in substantial and recurring financial burdens that could strain its resources.
Adjournment and Future Proceedings
Following the arguments, the Kerala High Court has adjourned the matter for further consideration after a two-week period. This adjournment allows the state government time to formulate and submit its official stance on the representation.
The court's decision to seek instructions underscores the broader implications of this case, which touches on issues of gender equality, workplace rights, and public sector governance. The outcome could set a significant precedent for menstrual leave policies in Kerala and potentially influence similar debates across India's transport and other labor-intensive sectors.
