Daijiworld Media Network - New Delhi

New Delhi, Mar 13: The Supreme Court on Friday dismissed a plea seeking mandatory paid menstrual leave for women in all workplaces, warning that such a law could inadvertently harm women’s career prospects. The bench, headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, observed that forcing employers to provide monthly leave might discourage them from hiring women.

The petition, filed by Shailendra Mani Tripathi, urged the Union and state governments to create policies recognising health challenges faced by women during menstruation, including severe pain, endometriosis, uterine fibroids, adenomyosis, and pelvic inflammatory disease. Tripathi had requested leave or other workplace support for affected women and female students.

However, the Court noted that no woman had directly approached the top court seeking such relief. “These petitions are deeply rooted, designed PILs. You are not a bona fide petitioner. This is basically only to create a type of impression in young women that you still have some natural issues,” CJI Kant remarked.

The judges highlighted that a mandatory leave policy could have unintended long-term consequences on women’s employment, potentially affecting career growth and opportunities. The Court asked the Centre to consider the issue and explore whether a policy could be formulated after consulting relevant stakeholders, instead of making it compulsory by law.

The verdict reinforces the Supreme Court’s cautious approach towards gender-specific workplace laws, balancing women’s health concerns with employment equity.