Sikkim High Court Introduces Menstrual Leave Policy for Women Employees

In a pioneering move, the Sikkim High Court has implemented a menstrual leave policy for its female staff members in the registry. According to a notification issued on May 27, women employees can avail themselves of 2-3 days of menstrual leave each month, contingent on the prior recommendation of the High Court’s Medical Officer. Importantly, this leave will not affect the employees’ overall leave balance.

The Sikkim High Court, the smallest in India with just three judges and nine officers including one female officer, is the first High Court in the country to introduce such a policy. This comes in the absence of a national policy or law regarding menstrual leave. Earlier, in February 2023, the Supreme Court declined to hear a petition advocating for menstrual leave for students and working women, suggesting that it was a matter for the Union Ministry of Women and Child Development to address.

Despite opposition from the Ministry of Women and Child Development, led by Minister Smriti Irani, who argued that menstruation should not be seen as a handicap, the Sikkim High Court has taken this significant step. The Ministry of Health and Family Welfare, in December 2023, had also proposed a draft Menstrual Hygiene policy suggesting work-from-home or support leaves to avoid discrimination against menstruating women.

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