The Supreme Court of India cautioned that making menstrual leave mandatory at workplaces could negatively affect employment opportunities for women, as firms may become reluctant to hire them.
The observation was made by a bench headed by Chief Justice Surya Kant, along with Justice Joymalya Bagchi, while hearing a plea seeking legal recognition of menstrual leaves for female students and working women across the country.
Voluntary leave encouraged, mandatory leave warned against
The bench noted that while it would be ‘excellent’ for private companies to offer menstrual leaves voluntarily, making such leave compulsory could harm women’s careers. The Chief Justice explained, ‘The moment you say compulsory in law, nobody will give them jobs, nobody will take them in judiciary or government jobs; their career is over… they will say – you should sit at home after informing everyone,’ as reported by LiveLaw.
The court stressed that while menstrual leave is a valid concern, forcing it by law could create unintended consequences, potentially discouraging employers from hiring women in certain sectors.
Pleas claim mandatory leave could promote fear
The Chief Justice also commented on the broader implications of pleas seeking legal recognition of menstrual leave. He observed that such demands, if made compulsory, risk portraying women as ‘inferior’ or suggesting that menstruation is a weakness or something negative.
The ongoing debate on paid menstrual leave
Demands for paid menstrual leave have been gaining attention in India in recent years. Supporters argue that women should be granted a monthly menstrual leave separate from standard sick leave, helping them manage their health without affecting their work performance. Critics, however, including the Supreme Court bench, caution that mandatory leave could have unintended consequences on employment equality.
The court’s remarks highlight the delicate balance between supporting women’s health and ensuring that workplace policies do not inadvertently limit professional opportunities for women.
