Why SC Says NO to Compulsory Menstrual Leave

Karnataka became the first state in India after approving a landmark paid menstrual leave policy (one day leave per month) in October last year but the Supreme Court turned down a plea on menstrual leaves on Friday. In 2013, the Kerala government had granted menstrual leave for female students in all state-run universities.

But, Chief Justice of India Surya Kant cautioned that if the leave is made mandatory, it could backfire as employers could become reluctant to hire women. They will not hire women if we make a law on paid leave to women during menstruation. Nobody will give them jobs in the judiciary or the government, the CJI said. The court argued that such policies should be addressed voluntarily by employers or as a policy matter by the government.

The CJI opined that it would create psychological fear or an impression among women that they are less than men. He said that it was alright to create awareness and sensitise people on the need to provide rest to a woman during menstruation but making a law mandating menstrual leave could deprive them of employment. “You don’t know the mindset of employers. They will not hire women if we make such a law.”

The CJI, while hearing a petition by lawyer Shailendra Mani Tripathi seeking direction to states to frame rules for paid menstrual leaves, argued that such pleas are made to create fear. “They will call women inferior and say menstruation is something bad happening to them.”

CJI Surya Kant said that voluntary measures to protect women’s health are permissible but the moment it is made ‘compulsory in law’, their career is over. They will say women should sit at home. A law on menstrual leave would reduce women’s participation in the workforce, he said. This means women will have to be happy taking a leave during her monthly periods and not fight for a mandatory leave, in view of greater good.