SC Asks Union To Consider Menstrual Leave Policy
Supreme Court Asks Union To Consider Menstrual Leave Policy
The Supreme Court on Friday declined to issue directions mandating paid menstrual leave across workplaces and educational institutions, but asked the Union government to consider the petitioner’s representation while framing a policy in consultation with all stakeholders. The court said a compulsory legal requirement could have unintended effects on women’s employment and career growth.
Supreme Court On Menstrual Leave Policy
A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi disposed of the petition after observing that the issue was a matter of policy and should be examined by the government. The court directed the competent authority to consider earlier representations already submitted on the issue and take a view after consulting stakeholders. The matter was not decided as a judicial mandate for all employers.
Court Flags Impact On Women Careers
During the hearing, the bench said making menstrual leave mandatory by law could create practical problems in the job market. The judges observed that such a requirement might make some employers hesitant to assign responsibilities or hire women in certain roles. The court’s remarks focused on possible workplace consequences rather than rejecting the broader concerns linked to menstrual health.
Petition History And Government Role
The petition was filed by Shailendra Mani Tripathi, who had approached the court earlier on the same issue. Previous petitions had already resulted in directions to the Union government to examine the representation. In the latest hearing, the court noted that the matter had already been taken up before and said repeated petitions were not necessary. It therefore closed the case while again asking the government to consider whether a policy framework on menstrual leave should be developed. The ruling means there is no nationwide court-ordered menstrual leave mandate at present, but the issue remains open for policy action by the Centre.
