SUPREME COURT OF INDIA has rejected a petition that requested mandatory menstrual leave for working women and female students. Judges said such a rule could discourage employers from hiring women.
The two-judge bench led by Surya Kant stated that compulsory leave might create the impression that women are not equal to men in the workplace. According to the judges, this could harm women’s professional growth and opportunities.
The issue of menstrual leave has long divided public opinion in India. Some people believe it supports women dealing with painful periods. Others argue that it could strengthen gender stereotypes.
Petition Sought National Policy
The petition was filed by lawyer Shailendra Mani Tripathi, who requested a nationwide menstrual leave policy. He suggested that working women should receive two to three days of leave each month to manage menstrual health issues.
However, the court rejected the request. Judges said such a rule might make private companies hesitant to hire women. They warned that it could unintentionally reduce employment opportunities for female workers.
The bench also suggested that the government could examine the issue further by consulting stakeholders before making any national policy.
Debate Over Menstrual Leave Continues
The court’s remarks have revived debate across the country. Some experts believe the decision ignores women’s health needs.
Public health expert and lawyer Sukriti Chauhan said workplace laws in India focus on dignity, equality, and safe working conditions. She argued that denying menstrual leave could force women to work in uncomfortable or unsafe situations.
Supporters of menstrual leave say it can improve health, productivity, and workplace efficiency.
Others believe giving additional leave to women could be unfair to men. Social stigma around menstruation also remains strong in many parts of India, which may prevent women from requesting such leave even if it exists.
Menstrual Leave Policies in India and Abroad
Several countries already allow menstrual leave. These include Spain, Japan, South Korea, and Indonesia. Studies suggest that such policies can help women manage health issues linked to menstruation.
Within India, some states have introduced limited policies. Bihar and Odisha provide two days of menstrual leave per month for government employees. Kerala offers similar leave for university and training institute staff.
In 2025, Karnataka introduced a policy granting one day of menstrual leave each month for working women.
Several private companies have also adopted similar policies. Firms like Zomato, Larsen & Toubro, and RPG Group offer menstrual leave benefits to female employees.
Despite these initiatives, the national debate continues as policymakers, companies, and activists search for a balanced solution.
