The Supreme Court on March 13 dismissed a writ petition seeking directions to make paid menstrual leave mandatory for women across the country.
The petition, filed by advocate Shailendra Tripathi, urged the court to order all states to frame guidelines to provide leave during menstruation for students and working women.
A bench comprising Chief Justice Suryakant and Justice Jaymalya Bagchi observed that making menstrual leave compulsory could make it harder for women to get jobs, as employers may avoid hiring them, potentially affecting their careers.
The judges also said a legal mandate could have a psychological impact by creating a mistaken perception that women are inferior to men, and could discourage employers from appointing women.
Noting that several private companies already offer such leave voluntarily, the court said turning it into a statutory requirement could adversely affect women’s lives. The bench also pointed out that no woman had approached the court on the issue, and held that the plea could create unnecessary apprehension.
