Menstrual Leave Cannot Be Judicially Enforced, Says Supreme Court

The Supreme Court of India on Friday declined to consider a petition demanding compulsory menstrual leave for working women and female students across the country. The court stated that such decisions belong to the government’s policy sphere rather than judicial intervention.

A Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that enforcing mandatory menstrual leave could unintentionally create a perception of women as physically weaker.

The judges warned that such a perception might negatively influence hiring decisions and professional opportunities.

The Bench noted that the petitioner had already submitted a representation to the Ministry of Women and Child Development. It said the Union government could examine the matter and formulate an appropriate policy after consulting relevant stakeholders.

Senior advocate MR Shamshad, appearing for the petitioner, argued that several authorities had already taken steps in this direction. He pointed out that the state of Kerala has granted menstrual leave relaxation in educational institutions.

Some private companies have also voluntarily introduced similar policies for employees.

Responding to this argument, the Bench welcomed voluntary initiatives adopted by organisations. It, however, cautioned that legally enforcing menstrual leave could produce unintended consequences.

The court said a statutory menstrual leave mandate could make some employers hesitant to hire women. This concern may affect recruitment in government services, litigation, and corporate sectors.

The plea sought directions to both the central and state governments to provide at least two days of menstrual leave each month. It argued that while maternity leave exists, menstruation-related health concerns remain largely unaddressed.

The court also recalled a similar observation made in July 2024 by a Bench headed by former Chief Justice DY Chandrachud.

The Bench had likewise advised the government to study the issue through consultation rather than judicial orders.

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