‘May Lead To Women Being Shunned From Workforce And Go Against Them’: Supreme Court On Menstrual Leave Petition

New Delhi: The Supreme Court on Monday, while hearing a Public Interest Litigation (PIL) seeking directions to the Centre and states to frame policies for menstrual leave, emphasised that it is not a matter for “courts to look into”. The court also observed that giving a nod to any such instructions or orders for “menstrual leave” for women may lead to them (women) being “shunned from the workforce and go against them”.

Chief Justice of India (CJI) DY Chandrachud while hearing a PIL that sought directions to the Centre and states to frame policies for menstrual leave, said, “Mandating such leaves will lead to women being shunned from workforce. We do not want that what we try to do to protect women can act to their disadvantage. This is actually a government policy aspect and not for the courts to look into.”

The SC further observed that the issue relates to multiple policy aspects and there is no reason for the court to intervene. “We permit the petitioner to move the secretary in the Ministry of Women and Child Development and to Additional Solicitor 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 stated that this ruling would not hinder any state government from taking measures in this matter.

Earlier this year in February, the apex court maintained a similar position when it encountered a petition requesting that all states establish regulations for menstrual pain leave for female students and employees. At that time, the court also stated that the issue resides within the realm of policy-making.

At present, Bihar and Kerala are the only states in India that offer menstrual leave. Bihar provides a two-day leave policy for female employees, whereas Kerala offers a three-day leave for female students.