Supreme Court Declines Mandating Menstrual Leave, Citing Policy Domain

In a significant decision today, the Supreme Court of India has refused to mandate menstrual leave for women across the country, stating that such a policy decision falls within the government domain rather than judicial intervention. The Chief Justice of India, DY Chandrachud, emphasized concerns that mandating menstrual leave could potentially isolate women from the workforce, asserting, “We do not want what we try to do to protect women to act to their disadvantage.”

The court’s stance came during a Public Interest Litigation (PIL) hearing seeking directives for the Centre and states to formulate policies on menstrual leave. Instead of issuing a directive, the court permitted the petitioner to approach the Ministry of Women and Child Development and the Additional Solicitor General to address the issue at the policy level. The court suggested that consultations with stakeholders could lead to the formulation of a model policy on menstrual leave.

Currently, only Bihar and Kerala have implemented provisions for menstrual leave, with Bihar granting two days and Kerala allowing three days of leave for women employees and students respectively. The Supreme Court clarified that its decision does not preclude state governments from independently introducing measures on menstrual leave. This latest development underscores ongoing debates surrounding workplace policies aimed at balancing gender equity and workforce participation.

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