‘Employers may hesitate to hire women’: SC declines to hear plea seeking mandatory menstrual leave

The Supreme Court cautioned that making menstrual leave mandatory through law may have unintended consequences. The apex court observed that such a matter falls within the domain of government policy. 

The Supreme Court on Friday refused to hear a plea seeking mandatory menstrual leave for working women and female students across the nation. 

A Bench of Chief Justice of India (CJI) Surya Kant and Joymalya Bagchi noted that pleas seeking compulsory menstrual leave may inadvertently create a perception that women are weak and could adversely impact their employment prospects, according to IANS.

The apex court also observed that such a matter falls within the domain of government policy. Noting that the petitioner had already submitted a representation before the Union Ministry of Women and Child Development, the CJI Kant-led Bench said the government may consider framing an appropriate policy after consulting all stakeholders.

Responding to the submission, the Bench said that voluntary measures by employers are welcome. 

However, the top court cautioned that making menstrual leave mandatory through law may have unintended consequences.

“If it becomes a legal mandate, employers may start hesitating to hire women in government jobs, litigation, or other sectors. That could ultimately harm women’s careers,” it noted.

Senior advocate M.R. Shamshad, appearing for the petitioner, submitted that certain state governments and organisations have already taken steps in this direction. He stated that Kerala has allowed such relaxation in schools, and that some private companies have voluntarily introduced menstrual leave policies, IANS reported.

The plea had argued that while women are granted leave during pregnancy, there is no provision addressing the physical discomfort and health issues associated with menstruation. 

It also sought directions to the Centre and state governments to introduce rules providing at least two days of menstrual leave every month.

Previous SC ruling 

Earlier, the SC had taken a similar view. In July 2024, a Bench headed by then CJI D.Y. Chandrachud had asked the Centre to examine the feasibility of a menstrual leave policy after consulting states and other stakeholders.

Disposing of that petition, the top court had noted that mandating menstrual leave through judicial directions could discourage employers from hiring women.

(with IANS inputs)