Mandatory Menstrual Leave Could Hurt Women’s Jobs, SC Says

The Supreme Court on Friday dismissed a writ petition seeking mandatory paid menstrual leave for women across workplaces and educational institutions, warning that making such leave compulsory could unintentionally harm women’s employment prospects.

A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi said mandating menstrual leave by law could discourage employers from hiring women or assigning them key responsibilities, reinforcing workplace bias rather than promoting equality.

“The moment you say it is compulsory in law, nobody will give them jobs,” the Chief Justice said during the hearing, according to LiveLaw, while cautioning that employers might hesitate to recruit women if they are legally required to grant monthly leave.

The court said while voluntary menstrual leave policies are welcome, turning them into a statutory requirement could have counterproductive consequences for women in the labor market.

The petition, filed by advocate Shailendra Mani Tripathi, asked the court to direct the Union government and states to frame policies recognizing the health challenges many women face during menstruation and to provide appropriate relief, including leave.

The plea cited medical conditions such as dysmenorrhea, endometriosis, uterine fibroids, adenomyosis and pelvic inflammatory disease that can make it difficult for some women to work or attend classes.

During the hearing, the bench also questioned the petitioner’s standing, noting that no woman had approached the court directly seeking such relief, according to LiveLaw.

While declining to mandate menstrual leave, the court asked the appropriate government authorities to consider the petitioner’s representation and examine whether a policy framework could be developed after consulting relevant stakeholders.

The court also noted that some states and institutions have introduced menstrual leave policies voluntarily. Kerala has allowed such leave for female students in certain educational institutions, while some private companies have adopted similar policies for employees.

Tripathi had previously approached the Supreme Court on the issue in earlier petitions filed in 2023 and 2024. Those pleas were also disposed of after the court asked the government to consider the matter as a policy decision rather than a judicial mandate, LiveLaw reported.

The bench held that the question of menstrual leave falls within the domain of public policy and should be addressed by the executive through consultation and legislative processes rather than by judicial direction.