“Nobody will hire women if it becomes law”: SC declines plea for compulsory nationwide menstrual leave

The Supreme Court of India on Friday declined to entertain a petition seeking mandatory menstrual leave for women students and working professionals across the country. The bench, led by Chief Justice Surya Kant, said that making such leave compulsory through legislation could unintentionally reduce employment opportunities for women.

During the hearing, the Chief Justice observed that employers might become reluctant to hire women if the law mandated menstrual leave. According to the court, such a rule could create a perception among employers that hiring women would involve additional obligations, which might ultimately harm their career prospects and workplace participation.

The plea was filed by advocate Shailendra Mani Tripathi, who sought directions to state governments to frame rules allowing women, including students and employees, to take leave during menstruation. However, the court said such demands risk creating a negative impression that menstruation makes women less capable compared to men.

The bench also noted that voluntary policies adopted by private companies or state governments could be a better approach. Senior advocate MR Shamshad informed the court that in 2013 the Government of Kerala had introduced menstrual leave for women students in state-run universities as part of efforts to promote gender justice.

While declining to issue directions, the court suggested that authorities may examine the possibility of a policy after consulting relevant stakeholders. The court reiterated that encouraging awareness and voluntary workplace policies could be more effective than imposing a mandatory legal requirement.