The Supreme Court of India recently expressed concerns about making menstrual leave mandatory across workplaces and educational institutions. During a hearing on a Public Interest Litigation (PIL), the court observed that such a policy, if made compulsory, could unintentionally affect women’s employment opportunities.
The PIL, filed by advocate Shailendra Mani Tripathi, requested the court to direct the central and state governments to introduce rules ensuring paid menstrual leave for women employees and female students. The petition argued that menstrual leave could help women deal with health challenges related to periods and improve workplace comfort.
However, the Supreme Court bench, headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, declined to issue any directive. The court noted that matters related to labour policies and welfare benefits are better handled by governments rather than through judicial orders.
“Nobody Will Hire Women,” Says CJI
While discussing the issue, the Chief Justice cautioned that making menstrual leave mandatory could have unintended consequences. He stated that if employers are legally required to provide additional leave every month, some companies might become hesitant to hire women.
According to the court, such a move may create the perception that women employees could be less available for work, which might affect hiring decisions in certain sectors. The bench emphasised that while women’s health and dignity are extremely important, policies must be designed carefully so they do not create disadvantages in the job market.
Justice Bagchi also highlighted that businesses often consider productivity and operational efficiency when hiring employees, and therefore any policy must be balanced with workplace realities.
Debate Around Menstrual Leave Continues
The court acknowledged that menstrual health is an important issue and deserves attention. It also pointed out that some states and private organisations have already introduced menstrual leave policies voluntarily.
The discussion around menstrual leave continues across India, with some experts supporting the idea as a health-friendly policy, while others believe flexible workplace policies may be a better approach.