New Delhi: The Supreme Court of India on Friday declined a petition seeking directions to introduce mandatory menstrual leave for women, stating that such a law could negatively affect women’s employment opportunities. The petition, filed by lawyer Shailendra Mani Tripathi, had requested the court to ensure that women, including students and working professionals, are granted paid leave during menstruation.
During
the hearing, Chief Justice Surya Kant observed that making menstrual leave
compulsory through law might discourage employers from hiring women. He warned
that the move could unintentionally create a perception that women are less
capable than men in the workplace.
Justice
Joymalya Bagchi also pointed to practical realities in the job market, noting
that additional mandatory benefits could make employers reluctant to recruit
women. The bench emphasised that while awareness and sensitisation about menstrual
health are important, legally mandating leave may create unintended
consequences.
Senior
Advocate MR Shamshad highlighted that some institutions have already introduced
menstrual leave voluntarily, including a policy by the Government of Kerala for
women students in state-run universities during the tenure of Chief Minister
Pinarayi Vijayan. The court noted that voluntary measures are different from
making such provisions compulsory through legislation.
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