Supreme Court Declines Mandatory Menstrual Leave Policy, Citing Potential Career Risks for Women

The Supreme Court disposed of a PIL seeking nationwide paid menstrual leave, observing that a legal mandate could inadvertently harm women's employment prospects.

The Bench remarked that compulsory leave might discourage employers from hiring women, potentially leading to exclusion from key responsibilities and trial assignments.

The Court emphasized that while voluntary policies are "excellent," a statutory requirement could reinforce gender stereotypes and characterize menstruation as a biological disadvantage.

Pointing out that no woman had personally approached the Court, the Bench directed the Central Government to consider the petitioner’s representation and model a policy after consulting all relevant stakeholders.

[Shailendra Mani Tripathi v. Secretary, Ministry of Women & Child Development]