The Supreme Court refused to entertain a PIL seeking a nationwide menstrual leave policy for women employees and students. The Court warned that making such leave mandatory by law could discourage employers from hiring women and reinforce gender stereotypes.
The Supreme Court of India on Friday refused to entertain a Public Interest Litigation (PIL) that sought directions to frame a nationwide policy granting menstrual leave to women students and employees across the country.
While declining to pass any binding order on the issue, the Court observed that making such leave mandatory through legislation could have unintended consequences, including reinforcing stereotypes about women in the workplace.
The matter was heard by a Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi. During the hearing, the Court expressed concern that legally mandating menstrual leave might discourage employers from hiring women, thereby affecting their professional opportunities.
“These pleas are made to create fear, to call women inferior, that menstruation is something bad happening to them. This is an affirmative right. But think about the employer who needs to give paid leave,”
the Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said.
The petition had been filed by Shailendra Mani Tripathi, who requested the Court to direct the government to introduce a uniform national policy that would provide menstrual leave to women in educational institutions as well as workplaces. However, the Court made it clear that the issue involved wider policy considerations and potential social consequences.
During the hearing, CJI Surya Kant raised concerns about the impact such a law might have on women’s employment and career prospects. According to the Court, while the idea of supporting women during menstruation is important, imposing a mandatory rule could lead to discrimination at the hiring stage.
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Senior advocate M. R. Shamshad, appearing for the petitioner, informed the Court that some states and organisations have already introduced menstrual leave policies. He referred to developments in Kerala, where certain educational institutions have introduced menstrual cycle relaxation policies for female students. He also pointed out that some private companies in India have voluntarily adopted menstrual leave policies for their employees.
Responding to these submissions, the Chief Justice acknowledged that voluntary initiatives are welcome but warned against turning such provisions into mandatory legal requirements.
“Voluntarily given is excellent. The moment you say it is compulsory in law, nobody will give them jobs. Nobody will take them in the judiciary or government jobs; their career will be over. They will say you should sit at home after informing everyone,”
the CJI said.
The Bench also noted that issues such as menstrual leave require careful consultation with multiple stakeholders, including governments, employers, educational institutions, and women’s groups. According to the Court, any policy decision should take into account the broader implications for gender equality, workplace dynamics, and employment opportunities.
Although the Court declined to entertain the PIL, it clarified that the competent authority in the government could still examine the issue. The Bench indicated that the government may consider any representation on menstrual leave policies and decide whether a suitable framework can be developed after consulting relevant stakeholders.
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The Court also underlined that while supportive workplace policies for women are important, they must be designed in a way that does not unintentionally reinforce stereotypes about women’s capabilities or reduce their participation in the workforce.
The decision highlights the continuing debate in India over menstrual leave policies. While some organisations and institutions have adopted such measures voluntarily, the question of whether it should be mandated by law remains a complex policy issue involving gender equality, labour rights, and workplace practices.
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