The Supreme Court of India has expressed concerns that making menstrual leave compulsory could unintentionally discourage employers from hiring women.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, observed that a mandatory two-day monthly leave during menstruation might create a perception that women are less capable of working during that period.
During the hearing of a Public Interest Litigation (PIL), the bench noted that while affirmative action for women is recognised under the Constitution, policies should also consider the impact on employment practices. The court said employers might become hesitant to hire women if they are required to take mandatory leave every month.
The judges added that while the court could examine the issue from a rights perspective, policy decisions regarding such leave should be taken by the government after assessing its broader implications.
The bench also cautioned the petitioner against repeatedly approaching the court with the same request. Earlier, on February 24, 2023, the court had asked the government to study the need for a menstrual leave policy and its possible effects on women’s employment. The petitioner argued that no action has been taken since then and pointed out that Bihar has had such a policy since 1992 and Karnataka has implemented it in schools.
The court said voluntary menstrual leave policies introduced by private companies are welcome but warned that making them mandatory could affect career opportunities, with employers possibly limiting responsibilities assigned to women employees.
Globally, some countries have adopted similar measures. Spain became the first European Union nation to introduce menstrual leave of three to five days, with the government covering the salary. Policies related to menstrual leave were also introduced earlier in the Soviet Union, Japan in 1947, and South Korea in 1953.
