The Supreme Court on Friday said that menstrual leaves, if made mandatory at workplaces, would hamper job opportunities for women as firms won't be willing to hire them anymore.
A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi made the observations as it refused to entertain a plea seeking menstrual leaves for female students and working women across India.
The top court said it would be “excellent” if private companies granted these leaves voluntarily, but making them compulsory would hurt women's careers. “The moment you say compulsory in law, nobody will give them jobs, nobody will take them in judiciary or govt jobs , their career is over ....they will say- you should sit at home after informing everyone,” the CJI was quoted as saying by LiveLaw.
The CJI also said that pleas seeking such leaves to be made legal are made to create fear and call women “inferior, that menstruation is something bad happening to them".
The Supreme Court bench urged the petitioner to think about employers being asked to grant more paid leaves.
The court said that the competent authority may consider the representation and examine the possibility of framing a policy on menstrual leave after consulting all relevant stakeholders.
The plea was reportedly filed by Shailendra Mani Tripathi and pointed out to the court that certain states, like Kerala, have already introduced a relaxation in schools, and so have some private companies for their women employees.
{{/usCountry}}The plea was reportedly filed by Shailendra Mani Tripathi and pointed out to the court that certain states, like Kerala, have already introduced a relaxation in schools, and so have some private companies for their women employees.
{{/usCountry}}While the Supreme Court bench agreed with granting period leaves voluntarily, it also highlighted the potential impact of such measures on workplace perceptions and the professional growth of women.
The court had expressed similar concerns back in 2024 as it warned against its detrimental effect on women.
Demands for paid menstrual leaves have been made for some time now. While some argue that women should be granted separate monthly leaves to rest on days they menstruate, critics argue that the mandate could enforce gender stereotypes.