Mandating menstrual leave may lead to workforce discrimination against women: Supreme Court

PTC Web Desk: In a significant ruling, the Supreme Court has expressed concerns that mandating menstrual leave for women could lead to their exclusion from the workforce, highlighting that this issue should be addressed by policymakers rather than the judiciary.

Chief Justice of India DY Chandrachud noted that while the intention behind such a policy is to protect women, it could inadvertently result in discrimination against them in the workplace. “Mandating such leaves will lead to women being shunned from the workforce. We do not want that what we try to do to protect women can act to their disadvantage,” he stated during the hearing of a Public Interest Litigation (PIL) seeking directives for menstrual leave policies.

The Supreme Court maintained that the matter involves multiple policy considerations and is beyond the purview of judicial intervention. Instead, it recommended that the petitioner approach the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati to explore the possibility of developing a model policy after consulting all relevant stakeholders.

“This is actually a government policy aspect and not for the courts to look into,” the court remarked, permitting the petitioner to raise the issue with the appropriate government bodies. The court further noted that this ruling does not prevent any state government from independently implementing measures related to menstrual leave.

Currently, Bihar and Kerala are the only states in India with provisions for menstrual leave. Bihar allows a two-day leave for women employees, while Kerala offers a three-day period leave for women students.y.