The Supreme Court on Friday said that a government policy mandating monthly menstrual leaves may discourage employers from hiring women, thereby affecting their participation in the workforce, reported Live Law.
The court, however, asked the Union government to formulate a menstrual leave policy in consultation with all stakeholders.
The direction came while a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi disposed of a petition filed by Shailendra Mani Tripathi seeking paid menstrual leave in all establishments.
Tripathi had filed two earlier petitions in the matter as well, reported Live Law.
His first petition was disposed of in February 2023, allowing him to submit a representation before the Union Ministry of Women and Child Development for a policy on menstrual leave.
Tripathi approached the Supreme Court again in 2024, stating that the ministry had not responded to the representation. His second plea was disposed of in July 2024, with the court directing the Union government to take a policy decision.
On Friday, the bench questioned why Tripathi had filed the petition, noting that no woman had approached the court.
“This is basically only to create a type of impression in young women that you still have some natural issues and you are not at par with male persons and you cannot work like them during a particular time,” Live Law quoted the bench as saying.
The chief justice also asked the petitioner to consider the long-term impact of such a policy and “look at the practical reality in the job market”.
“The more unattractive the human resource, the less is the possibility of assumption in the market,” Live Law quoted Kant as saying. “Look at from the business model. Will any employer be happy with the competing claims of other genders?”
Appearing for the petitioner, advocate MR Shamsad pointed out that Karnataka had recently formulated a menstrual leave policy and Odisha has had one since 1992. Many private organisations are also voluntarily allowing period leave, he added.
“Voluntarily they are giving, then it is excellent,” the legal news outlet quoted Kant as saying. “That is a very good thing. But the moment you introduce it as a compulsory condition in law, you do not know the damage it will do to the career of women.”
He added: “Nobody will give them responsibilities, even in judicial services, a normal trial will not be assigned to them.”
On October 9, the Karnataka Cabinet approved the 2025 Menstrual Leave Policy, which allows a one-day paid leave every month for women with government jobs and employed in the private sector.
The policy was introduced by the labour department following a recommendation by a committee pushing for paid menstrual leave.
In November, the government notified the menstrual leave policy.
In December, the Karnataka High Court stayed the policy but recalled its order hours later.
Also read: Period leave debate is a reminder that workplaces must provide for women’s needs
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