The Supreme Court on Friday declined to entertain a petition seeking mandatory paid menstrual leave for women across all establishments, observing that such a statutory requirement could have unintended consequences for women’s employment prospects.
The Court noted that while the issue concerns the welfare of women, making menstrual leave compulsory through legislation may lead to employers becoming hesitant to hire women or assign them important responsibilities.
A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi disposed of the petition by directing the Union government to consider the representation made by the petitioner and consider whether any policy framework on menstrual leave can be evolved in consultation with relevant stakeholders.
During the hearing, the Court questioned the locus of the petitioner, noting that the petitioner was not personally affected by the issue. It also observed that no woman had approached the Court seeking such relief. The Bench further pointed out that the petitioner had previously filed similar petitions on the same issue. Earlier petitions filed in 2023 and 2024 had already resulted in directions to the Union government to examine the representation and take a policy decision.
The judges indicated that although certain organisations and some States have voluntarily introduced menstrual leave policies, imposing such a requirement by law may produce the opposite effect by making women employees appear less favourable in a competitive job market. The Court emphasised that while affirmative action for women is recognised under the Constitution, policy measures must also consider their long-term impact on employment opportunities and career advancement.
In view of its apprehension on the likely adverse impact of such a policy backed by statute, the Bench disposed of the writ petition, stating that the competent authority in the Union government should consider the petitioner’s representation and take an appropriate decision on the issue after consulting stakeholders.
The petition had sought directions to the Union government, States and Union Territories to frame laws or policies recognising the health difficulties faced by women during menstruation and to provide suitable relief, including menstrual leave for working women and female students. It also urged the Court to address what it described as a legal gap in providing workplace protection and welfare measures related to menstrual health.