The Supreme Court on Friday refused to direct the government to introduce a mandatory menstrual leave policy, observing that such a law could harm women’s employment prospects in India.
A bench led by Chief Justice of India Surya Kant said that making menstrual leave compulsory through legislation may discourage employers from hiring women. “Creating awareness and sensitisation is different, but the moment you bring a law mandating menstrual leave, nobody will hire them,” the Chief Justice said.
The court was hearing a public interest litigation filed by lawyer Shailendra Mani Tripathi seeking directions to state governments to frame regulations providing menstrual leave for working women and female students. The petition also sought the effective implementation of provisions under the Maternity Benefit Act, 1961.
The bench observed that while awareness and voluntary measures were welcome, making menstrual leave compulsory could lead to discrimination in hiring. The Chief Justice said employers might avoid hiring women if the law required them to provide mandatory leave.
He also remarked that such demands may unintentionally reinforce perceptions that menstruation makes women inferior. According to the court, presenting menstruation as a condition requiring mandatory leave could create unnecessary fear and stigma.
Responding to the petitioner’s reference to voluntary menstrual leave policies introduced in some private companies and in educational institutions in Kerala, the Chief Justice said voluntary policies were acceptable, but making them compulsory could affect job opportunities for women. He warned that employers might become reluctant to hire women in the judiciary, government services, or the private sector if such a rule were imposed.
The court noted that the petitioner had already submitted a representation to the relevant authorities seeking policy action. It said the competent authority could examine the request and consider framing a policy after consulting all stakeholders.
Dismissing the petition, the court directed the authorities to consider the representation and take an appropriate decision.