“Mandating Menstrual Leave May Harm Women’s Careers”, Says Supreme Court; Asks Union To Consider Framing Policy
The Supreme Court of India recently rejected a petition seeking mandatory paid menstrual leave for women, expressing concerns it could harm women’s career prospects. The bench, led by CJI Surya Kant, directed the Union government to consider framing a policy after stakeholder consultations.
The court highlighted that mandating such leave might deter employers from hiring women or assigning them key responsibilities, like trials in judicial services.
CJI Kant noted no women petitioners were involved, urging consideration of long-term employment impacts.
Justice Bagchi emphasized practical job market realities, where additional leave could make women less competitive against other genders.
A writ petition sought paid menstrual leave across establishments, drawing parallels to maternity benefits under the 1961 Act.
The bench disposed of the PIL on March 12, 2026, treating it as a policy matter rather than issuing judicial directives.
This echoes prior rulings, like in 2024, where the court similarly asked for a model policy without mandating it.
