Supreme Court declines plea for mandatory menstrual leave, says law may hurt women’s career prospects

The Supreme Court of India on March 13 declined to entertain a public interest litigation seeking a nationwide policy mandating menstrual leave for women students and employees, observing that such a law could unintentionally harm women’s employment opportunities.

A bench headed by Chief Justice Surya Kant made the remarks while hearing a petition filed by advocate Shailendra Mani Tripathi, who had sought directions for the government and states to introduce paid menstrual leave policies across workplaces and educational institutions.

During the hearing, the Chief Justice warned that making menstrual leave mandatory through legislation could have unintended consequences for women’s careers. He said employers might become reluctant to hire women if such a rule required them to grant additional leave every month.

“Creating awareness and sensitisation is different,” the Chief Justice said, adding that once such leave is mandated by law, employers may hesitate to recruit women because of perceived operational costs and workplace adjustments.

The court also expressed concern that such measures might reinforce stereotypes about women’s ability to work during menstruation. According to the bench, petitions seeking mandatory menstrual leave could inadvertently create a perception that women are “less capable” or need special treatment in workplaces.

The bench, which also included Justice Joymalya Bagchi, observed that such policy decisions fall within the domain of the executive and should ideally be examined by the government rather than imposed by judicial direction.

While declining to pass orders on the petition, the court said the representation could be considered by the appropriate authorities. It directed that the issue may be examined by the government after consulting stakeholders and assessing its broader economic and social implications.

The petitioner had argued that menstruation is a recurring biological condition that can cause discomfort and health issues, and therefore women should be allowed leave during their menstrual cycle. The plea sought equal access to menstrual leave for both working professionals and students across India.

The debate over menstrual leave policies has gained attention in recent years, with some educational institutions and private companies already introducing such provisions voluntarily.

However, the Supreme Court indicated that a nationwide mandatory policy would require careful consideration of employment dynamics and gender equality concerns.