Recently, the Supreme Court declined to issue directions for mandatory menstrual leave across workplaces, cautioning that such a mandate could unintentionally harm women’s employment prospects. While disposing of a public interest petition, the Court asked the Union Government to examine the petitioner’s representation and consider developing a policy on menstrual leave after consulting relevant stakeholders, signalling that the issue should be addressed through policymaking rather than judicial directives.
The plea sought directions to the Union, States, and Union Territories to introduce paid menstrual leave for working women and female students, citing health conditions such as dysmenorrhea, endometriosis, and other menstrual-related complications. The petitioner argued that menstrual leave should be recognised as a matter of dignity and equality under Articles 14 and 21 of the Constitution.
The Counsel pointed out that a few states and institutions had already introduced similar policies. However, the Bench questioned the maintainability of the petition and the petitioner’s locus standi, noting that no woman had approached the Court seeking such relief and that similar petitions on the issue had previously been disposed of with directions to pursue representation before the government.
The Bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi expressed concern that legally mandating menstrual leave could produce unintended consequences in the job market. The Court observed that employers might view such obligations as an additional burden, potentially discouraging the hiring of women or limiting professional opportunities. The Chief Justice Observed, “The moment you introduce it as a compulsory condition in law, you do not know the damage it will do to the career of women.”
The Court therefore refrained from issuing any binding direction and instead instructed the competent authority in the Union Government to examine the petitioner’s representation and consider framing an appropriate policy after consulting stakeholders.
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