SC menstrual leave plea order sparks mixed reactions

The Supreme Court’s rejection of a petition seeking menstrual leave for working women and female students, with judges observing that if such a law were introduced “no-one will hire women”, has evoked mixed reactions from women’s rights activists, labour unions and health experts.

A two-judge Bench headed by Chief Justice Surya Kant said mandatory leave could make young women feel they were “not at par” with their male colleagues and might be “harmful for their growth”.

The top court’s remarks came while hearing a petition filed by lawyer Shailendra Mani Tripathi seeking a national menstrual leave policy.

The Centre of Indian Trade Unions (CITU) termed the court’s observations a “deeply flawed approach” to women workers’ rights.

“The apex court observed that mandating menstrual leave may harm women’s career prospects as employers may become reluctant to hire women. This is a fallacious and misleading textbook response of neoliberal advocates who portray all labour rights as obstacles to the so-called ‘ease of doing business’,” CITU general secretary Elamaram Kareem said.

Speaking to The Tribune, women’s rights activist Shailaja Iyer said that menstrual leave was not a concession but a necessary measure for substantive equality and humane working conditions.

“Women workers do not need paternalistic arguments about how their rights may harm their careers. What they need are stronger labour protections, enforcement of equality and recognition of their health and dignity at work,” Iyer added.

The Karnataka Government has mandated one day of menstrual leave per month without medical certification for employees in the formal sector. Government employees in states such as Bihar and Odisha also receive menstrual leave, while Kerala provides such leave for students.

However, some experts believe a nationwide policy could intensify gender discrimination faced by women at workplaces.

“Menstrual leaves defeat the purpose of the equal rights women profess at places of work. Such a provision can easily be manipulated by women. How many companies can actually check the veracity of the claims of menstruation by its women employees?,” gynaecologist Rama Verma argued.

Offering a historical perspective, Shehla Jamal, founder of the Society of Menstrual Disorder and Hygiene Management, said women were earlier confined to a room during menstruation. In many traditional cultures, they are still restricted and not allowed to step out, she noted.

“Why can’t we allow work-from-home, flexible hours or rest periods for women dealing with difficult menstruation rather than announcing blanket menstrual leave?” she asked.