The Supreme Court dismissed a plea requesting compulsory menstrual leave for women employees and students nationwide, stating that this matter falls under government jurisdiction. The Chief Justice of India (CJI) Surya Kant and Joymalya Bagchi bench expressed concerns that such demands might portray women as weak and impact their job opportunities negatively.
The bench suggested that the government could consider formulating a suitable policy after consulting all relevant parties, as the petitioner had already approached the Union Ministry of Women and Child Development. The petitioner’s counsel, M.R. Shamshad, noted that some states and organizations, like Kerala and certain private firms, have already implemented menstrual leave policies.
While the court appreciated voluntary initiatives by employers in this regard, it cautioned against enforcing menstrual leave through legislation, fearing potential repercussions. The bench warned that making such leave mandatory could lead to reluctance in hiring women across various sectors, ultimately harming their professional advancement.
The plea highlighted the absence of specific provisions for menstrual discomfort and health issues, unlike pregnancy leave, and urged the government to introduce regulations mandating at least two days of menstrual leave monthly. Previously, in July 2024, the Supreme Court, under then CJI D.Y. Chandrachud, had advised the Centre to explore the feasibility of a menstrual leave policy in consultation with states and stakeholders, emphasizing that such matters are better addressed through governmental policies.
