On Friday, the Supreme Court stated that enforcing mandatory menstrual leave in workplaces could negatively impact women's employment prospects, as companies might become reluctant to hire them. This observation was made by a bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi, as they declined to consider a petition requesting menstrual leave for female students and working women throughout India.
The highest court remarked that it would be "excellent" if private firms voluntarily offered these leaves, but enforcing them as mandatory could negatively impact women's careers. The Chief Justice of India, as reported by LiveLaw, stated, "Once you make it a legal requirement, no one will hire them, whether in the judiciary or government positions, effectively ending their careers. They will be told to stay at home after notifying everyone."
The Chief Justice of India also mentioned that requests to legalize such leaves are intended to instill fear and label women as 'inferior,' suggesting that menstruation is a negative occurrence for them. The Supreme Court panel encouraged the petitioner to consider the implications of requiring employers to provide additional paid leave.
The court stated that the appropriate authority might evaluate the proposal and explore the potential of creating a policy on menstrual leave after consulting with all pertinent stakeholders. According to reports, Shailendra Mani Tripathi submitted a plea highlighting to the court that some states, such as Kerala, have already implemented relaxations in schools, and certain private companies have done the same for their female employees.
While the Supreme Court bench agreed with granting period leaves voluntarily, it also highlighted the potential impact of such measures on workplace perceptions and the professional growth of women.In 2024, the court had voiced similar worries, cautioning about its harmful impact on women.
There have been ongoing calls for the introduction of paid menstrual leave. Proponents believe women should receive specific monthly leave to rest during their menstrual cycle, while opponents contend that such a policy might reinforce gender stereotypes.