The Supreme Court has directed the Centre to formulate a comprehensive policy on menstrual leave for women employees. The court emphasised the need for extensive consultations with states and other stakeholders.
A bench consisting of Chief Justice D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra highlighted that the issue falls under policy-making rather than judicial intervention. The court reiterated that the responsibility for such policies lies with the government. The Court noted that a representation was made to the Centre in May 2023, but no action has been taken yet.
The bench granted permission to lawyers to approach the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati. They urged the Ministry’s secretary to consider the matter at the policy level, ensuring comprehensive consultation with all stakeholders to explore the possibility of creating a model policy. The court also clarified that the Centre’s consultation process would not prevent individual states from implementing their own initiatives on menstrual leave.
Previously, the Supreme Court had dismissed a plea seeking menstrual pain leave for women students and working women nationwide, directing that such matters be addressed through policy representations to the Centre.
However, the Court expressed concerns that mandating menstrual leave could unintentionally discourage employers from hiring women, thus being counterproductive.
The bench also warned that judicially-mandated menstrual leave may negatively impact women’s employment opportunities. They stressed that compulsory leave could result in women “being shunned from the workforce,” contradicting efforts to enhance female participation zin the job market.
Hence, the Court advised for a balanced approach that fosters inclusivity without adverse consequences.
