‘Nobody will hire women’: Supreme court declines plea for mandatory menstrual leave
‘Nobody will hire women’: Supreme court declines plea for mandatory menstrual leave

New Delhi: The Supreme Court of India on Friday declined a petition seeking directions to introduce mandatory menstrual leave for women, stating that such a law could negatively affect women’s employment opportunities. The petition, filed by lawyer Shailendra Mani Tripathi, had requested the court to ensure that women, including students and working professionals, are granted paid leave during menstruation.

During the hearing, Chief Justice Surya Kant observed that making menstrual leave compulsory through law might discourage employers from hiring women. He warned that the move could unintentionally create a perception that women are less capable than men in the workplace.

Justice Joymalya Bagchi also pointed to practical realities in the job market, noting that additional mandatory benefits could make employers reluctant to recruit women. The bench emphasised that while awareness and sensitisation about menstrual health are important, legally mandating leave may create unintended consequences.

Senior Advocate MR Shamshad highlighted that some institutions have already introduced menstrual leave voluntarily, including a policy by the Government of Kerala for women students in state-run universities during the tenure of Chief Minister Pinarayi Vijayan. The court noted that voluntary measures are different from making such provisions compulsory through legislation.

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