The Supreme Court of India has dismissed a public interest litigation (PIL) seeking a nationwide menstrual leave policy for women students and workers. The court made pointed observations, stating that making such period leave compulsory in law would deter employers from hiring women and inadvertently reinforce gender stereotypes.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing the PIL, 'Shailendra Mani Tripathi vs Union of India'. The Chief Justice said, 'The moment you say it is compulsory in law, nobody will give them jobs. Nobody will take them in the judiciary or government jobs; their career will be over.'
The court acknowledged menstrual leave as 'an affirmative right' in its nature but maintained that compelling it by law was a different matter. The bench drew a distinction between voluntary and mandated policies, acknowledging examples of states and private companies that have voluntarily extended menstrual leave to employees.
The court directed competent authorities to consider the petitioner's representation and examine the possibility of framing a policy after consulting all relevant stakeholders. The PIL was thus disposed of.
This was the third such petition filed by Tripathi on the same issue, with the first one being disposed of in February 2023 and the second in July 2024. The court had expressed similar apprehensions in both instances.
The Supreme Court had earlier this year recognised the right to menstrual hygiene as part of the Right to Life under Article 21 of the Constitution. Several Indian states have their own provisions for menstrual leave, including Bihar, Kerala, Odisha, and Sikkim.
