SC: PIL on menstrual leave policy dismissed
The Supreme Court on Friday refused to entertain a PIL seeking a nationwide policy providing paid menstrual leave for women, observing no one would give them jobs and such a provision would unintentionally reinforce gender stereotypes. The court, however, asked the Centre and competent authorities to consider the representation of the PIL petitioner and examine the possibility of framing a policy on menstrual leave after consulting relevant stakeholders.
A bench comprising Chief Justice of India Justice Surya Kant and Justice Joymalya Bagchi observed that while the intent behind the petition might be welfare-oriented, the practical reality of the job market could lead to “counter-productive” outcomes for women.
“This is an affirmative right... but think about the employer who needs to give paid leave,” the bench observed.
Senior advocate MR Shamsad, appearing for the petitioner, said the Karnataka Government has formulated a policy to allow menstrual leave and some private organisations are also providing this facility.
During the hearing, the bench highlighted the risk of “unintended consequences”, suggesting that a mandatory leave policy might discourage private employers from hiring women.
“The moment you introduce it as a compulsory condition in law, you do not know the damage it will do to the career of women,” CJI Kant remarked.
“Nobody will give them responsibilities... This can be harmful to their growth,” the bench added.
Justice Bagchi echoed these concerns from a business perspective, noting that affirmative action is constitutionally recognised but must be balanced against market realities.
The bench was hearing a PIL filed by Shailendra Mani Tripathi. It was the third petition filed by Tripathi on the same issue.
