The Supreme Court (SC) has expressed concern that mandating menstrual leave for women could have unintended negative consequences, such as excluding them from the workforce. The issue, the court stressed, is more amenable to government policy than judicial intervention.
During a hearing on a public interest litigation (PIL) seeking implementation of menstrual leave policies by the central and state governments, Chief Justice of India DY Chandrachud expressed his concerns. “Making such leave mandatory will lead to exclusion of women from the workforce,” he said. “We do not want what we are trying to do to protect women to work against them.
The court reiterated that this issue involves multiple policy considerations and should not be dealt with by the judiciary. “This is an aspect of government policy and not something that the courts should look at,” the court said.
“We permit the petitioner to move the Secretary, Ministry of Women and Child Development and Additional Attorney General Aishwarya Bhati. We request the Secretary to look into the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be framed,” it added.
The court further noted that this ruling does not prevent any state government from taking independent action regarding menstrual leave.
The court had taken a similar position earlier in February, denying a petition seeking guidance for all states to establish rules for menstrual pain leave for female students and employees, saying the issue fell within the policy domain.
Currently, only Bihar and Kerala have provisions for menstrual leave. Bihar offers a two-day leave policy for female employees, while Kerala offers three days leave for female students.
(With input from press agency)
First print: 08 Jul 2024 | 14:52 IST