The Supreme Court on Friday observed that making menstrual leave mandatory in workplaces could negatively impact women’s career opportunities, as employers might be reluctant to hire them. A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi made these remarks while refusing to entertain a plea seeking legal entitlement to menstrual leaves for female students and working women across India.
The court noted that it would be ideal if private companies offered menstrual leave voluntarily, but making it compulsory could harm professional prospects. “Once it becomes compulsory in law, nobody will give them jobs, nobody will take them in judiciary or government jobs. Their career is over … they will be told to sit at home after informing everyone,” CJI Surya Kant said,.
He also emphasized that petitions seeking mandatory menstrual leave risk creating fear and implying that women are “inferior” or that menstruation is something shameful.
The bench suggested that petitioners consider the burden on employers of providing additional paid leave. It further said that authorities could examine the possibility of framing a menstrual leave policy after consulting all relevant stakeholders.
The plea, filed by Shailendra Mani Tripathi, highlighted that some states, such as Kerala, and certain private companies have already introduced relaxations or voluntary menstrual leave for women employees.
While the Supreme Court supported the idea of voluntary menstrual leave, it cautioned about its potential impact on workplace perceptions and the professional growth of women. Similar concerns were raised by the court in 2024, warning that mandatory menstrual leave could be detrimental to women’s careers.
Debates over paid menstrual leave continue, with proponents arguing for rest days during menstruation, while critics caution that mandatory leave may reinforce gender stereotypes. (Agency)
