The Supreme Court cautioned that a law mandating menstrual leave could unintentionally affect hiring patterns, even as the court reiterated the importance of menstrual health and dignity for women.
File image of the Supreme Court of India (IANS photo)
The Supreme Court on Friday raised concerns about making menstrual leave compulsory, with Chief Justice Surya Kant warning that such a law could unintentionally affect women’s chances of getting jobs.
Hearing a petition seeking directions to states to introduce menstrual leave policies, the Chief Justice said that while awareness about menstrual health is important, turning the issue into a mandatory legal requirement could have unintended consequences in workplaces.
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The plea, filed by lawyer Shailendra Mani Tripathi, asked the court to ensure that women, including students and employees, are granted leave during menstruation.
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Chief Justice Surya Kant said employers might hesitate to recruit women if the law required them to provide menstrual leave.
“Creating awareness and sensitisation is different… but the moment you bring in a law mandating menstrual leave, nobody will hire them (women),” he said.
According to him, some organisations could begin to see women employees as a “liability”, which may ultimately reduce hiring opportunities.
The Chief Justice also cautioned that such a move could reinforce stereotypes. “They will call women inferior (and say) menstruation is something ‘bad’ happening to them.”
During the hearing, Senior Advocate MR Shamshad referred to steps taken by some states and institutions. He pointed out that Kerala had already taken a step in this direction. In 2013, the state government allowed menstrual leave for women students in its universities, saying the move was meant to support a more gender-just society.
The Chief Justice responded that such measures, when taken voluntarily by institutions, are different from making them compulsory through legislation. If the requirement becomes a legal obligation, he said, employers may avoid hiring women altogether.
“The moment you say ‘compulsory in law’, nobody will give them jobs…Nobody will take them in judiciary or government jobs… their career is over. They will say ‘you should sit at home…’.”
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