Supreme Court Says ‘No’ To Mandatory Menstrual Leave For Women In Workforce: “Nobody Will Give Them Jobs”

The Supreme Court of India on Friday said that firms will hesitate in hiring women if provisions for mandatory menstrual leaves are enacted. The apex court said that such a step would hamper job opportunities for women.

These observations were made by an SC bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, which refused to entertain a plea seeking mandatory menstrual leave for women across educational and work spaces.

The top court further observed that it would be “excellent” if such changes emerge as voluntary actions by private companies, as making them legally mandatory would hurt the career prospects of women.

“The moment you say compulsory in law, nobody will give them jobs, nobody will take them in judiciary or govt jobs, their career is over…. they will say—you should sit at home after informing everyone,” the CJI was quoted as saying by LiveLaw.

Further, the CJI dismissed the proposition by saying that such pleas are made to create fear and call women “inferior, that menstruation is something bad happening to them”.

“These petitions are deeply rooted, designed PILs. You are not a bona fide petitioner. This is basically only to create a type of impression in young women that you still have some natural issues and you are not at par with male persons and you cannot work like them during a particular time,” CJI Kant said.

Weighing in on the practicality of the plea, the bench asked the petitioner to think about employers being asked to give more paid leave to the workforce.

The court put the onus of drafting a policy on the government after consulting all the stakeholders in this matter.

“The petitioner has made a representation to the authority. It seems to us that whatever was required to be done at the end of the petitioner, he has done for the welfare of young women. It is not necessary for the petitioner to approach the Court time and again and seek a positive mandamus. We direct that the competent authority shall consider the representation directed to be considered by this Court by order dated February 24, 2023, and July 8, 2024, for modelling a policy in consultation with all stakeholders,” noted the bench while disposing of the plea.

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