In a groundbreaking move, the Sikkim High Court has announced the implementation of a menstrual leave policy for its female employees. According to a notification issued on 27 May, women working in the Court’s registry are now entitled to two to three days of menstrual leave’ each month.
Furthermore, this initiative makes Sikkim the first High Court in the country to introduce a menstrual leave policy, highlighting the absence of a national law or policy on menstrual leave.
The policy stipulates that such leave can be granted upon the prior recommendation of the High Court’s medical officer. Importantly, this leave will not be deducted from the employee’s overall leave balance.
According to the High Court’s website, the Sikkim HC, the smallest in the country, has three judges and a registry staff of nine officers, including one woman.
Previously, in February 2023, the Supreme Court of India declined to entertain a petition seeking nationwide menstrual leave for students and working women. The court also advised the petitioner to approach the Union Ministry of Women and Child Development instead. Chief Justice of India D Y Chandrachud emphasised that the issue falls within the policy domain.
In December 2023, Minister of Women and Child Development Smriti Irani expressed opposition to a menstrual leave policy. Although Irani acknowledged that menstruation should not be considered a handicap, she raised concerns about potential discrimination against women if such a policy were enacted.
Simultaneously, the Ministry of Health and Family Welfare drafted a Menstrual Hygiene policy, recommending work-from-home options or support leaves to ensure women are not disadvantaged due to their menstrual cycle.
