NewsFlash Daily™
13 March 
Top court expresses concern that compulsory menstrual leave law could discourage employers from hiring women
New Delhi: The Supreme Court of India has expressed concern that making menstrual leave mandatory through legislation could unintentionally harm women’s employment prospects in the country.
During a hearing on Friday, Chief Justice Surya Kant observed that enforcing such a law may lead employers to hesitate while hiring women, potentially affecting their participation in the workforce.
The remarks came while the court was hearing a petition filed by advocate Shailendra Mani Tripathi, who had sought directions to governments across India to frame rules granting menstrual leave for female students and working women.
Concern Over Impact on Employment
During the proceedings, the Chief Justice highlighted the possible negative consequences on women’s job opportunities if menstrual leave becomes legally mandatory.
He said employers might avoid hiring women altogether to prevent operational disruptions, which could ultimately reduce employment opportunities for women.
“If menstrual leave becomes mandatory by law, employers may hesitate to recruit women, which could adversely impact their employment prospects,” the Chief Justice observed during the hearing.
Fear of Creating a Sense of Inequality
The bench also raised concerns that such legislation might unintentionally create a perception that women are less capable or less productive than men in workplaces.
According to the court, this could lead to a psychological sense of inferiority or discrimination among working women, contradicting the goal of gender equality.
Possible Impact on Careers
The Chief Justice further cautioned that if menstrual leave becomes compulsory through law, both private companies and government institutions might become reluctant to hire women.
Such a trend could affect not only private sector employment but also judiciary and government jobs, potentially limiting women’s long-term career prospects.
Voluntary Policies Like Kerala Model
During the hearing, senior advocate M. R. Shamshad cited the example of Kerala, where the government introduced menstrual leave for female students in state universities in 2013.
The initiative was described by Pinarayi Vijayan, the Chief Minister of Kerala, as a step toward building a gender-sensitive society.
The lawyer also pointed out that some private companies have voluntarily introduced menstrual leave policies for their employees.
However, responding to this, the Chief Justice clarified that such measures are voluntary decisions, and the situation could be very different if the policy becomes a mandatory legal requirement.
Previous Supreme Court Stand on Menstrual Hygiene
Earlier in January, the Supreme Court of India delivered a significant judgment recognizing menstrual hygiene as an integral part of women’s right to life, health, and dignity.
The court emphasized that governments must ensure free sanitary napkins in schools and provide separate toilet facilities for girls, highlighting the importance of menstrual health in ensuring equality and dignity.
However, the court now believes that legally mandating menstrual leave could have unintended consequences, even though awareness and sensitivity regarding menstrual health remain essential.
The bench stressed that instead of imposing compulsory laws, efforts should focus on awareness, supportive workplace policies, and social sensitivity without creating misconceptions about women’s capabilities.
