SC: Menstrual leave could lead to women 'being shunned from the workforce'

The Supreme Court of India has directed the Union government to develop a model policy on menstrual leave for women employees. The bench, comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, emphasized that this issue falls within the domain of policy-making rather than judicial intervention. "How will the leave encourage more women to be part of the workforce," the court asked, expressing concern that mandatory menstrual leave might lead to women "being shunned from the workforce."

The bench allowed lawyers Rakesh Khanna and Shailendra Tripathi to approach the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati for further discussions. The court requested the ministry to consult various stakeholders to determine the feasibility of framing a model policy. The court also noted that states are free to take independent action regarding menstrual leave without being affected by the Centre's consultation process. This directive follows the Supreme Court's previous rejection of a PIL in February, which sought to mandate menstrual leave for female students and working women, citing the issue as a policy matter.