The Supreme Court of India, headed by Chief Justice Surya Kant, on Friday declined to entertain a plea seeking a nationwide policy mandating menstrual leave for women employees and students.
The court observed that making menstrual leave compulsory could unintentionally harm women’s employment opportunities.
During the hearing, Chief Justice Surya Kant remarked that while awareness and sensitisation about menstrual health are important, legally mandating such leave might discourage employers from hiring women.
“The moment you bring a law mandating menstrual leave, nobody will hire them,” he observed, cautioning that such measures could adversely impact women’s participation in the workforce.
The petitiion sought directions for providing menstrual leave for women across the country. However, the bench noted that the issue involves policy decisions that fall within the government’s domain, rather than the judiciary. The court disposed of the plea, advising the petitioner to approach the appropriate authorities for consideration of such a policy.
The bench also expressed concern that making menstrual leave mandatory could reinforce gender stereotypes and create a perception that women are less capable in professional roles. At the same time, the court indicated that states, institutions, or organisations are free to introduce such measures voluntarily if they deem them appropriate.