Menstrual leave, if made mandatory in workplaces, will hamper employment opportunities for women as companies will no longer be willing to employ them, the Supreme Court said on Friday.
A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalia Bagchi made these observations as it refused to entertain a plea seeking menstrual leave for girl students and working women across India.
The Supreme Court said it would be “excellent” if private companies granted such leave voluntarily, but making it mandatory would harm women’s professional careers. The International Justice Committee was quoted as saying: “The moment you say the law is mandatory, no one will give them jobs, no one will take them on judicial or government jobs, their careers are over… They will say – you should sit at home after informing everyone.” LiveLaw.
The CJI also said that pleas seeking to make such leaves legal are aimed at creating fear and describing women as “inferior, and that menstruation is a bad thing that happens to them”.
The Supreme Court bench urged the petitioner to consider asking employers to grant more paid leave.
The court said that the competent authority may consider the representation and consider the possibility of formulating a policy on menstrual leave after consulting all relevant stakeholders.
The petition was reportedly filed by Shailendra Mani Tripathi, and pointed out to the court that some states, like Kerala, have already introduced relaxations in schools, and so have some private companies for their female employees.
While the Supreme Court bench approved the voluntary granting of monthly leaves, it also highlighted the potential impact of such measures on workplace perceptions and women’s professional growth.
The court had expressed similar concerns in 2024, warning of its harmful impact on women.
Paid menstrual leave has been called for for some time. While some argue that women should be given separate monthly leaves to rest on menstrual days, critics argue that such a mandate could enforce gender stereotypes.
