The Supreme Court on Friday said that a law mandating menstrual leave may not be in the best interest of women, leaving it to the government to deliberate the issue while refusing to entertain a public interest litigation (PIL) in this regard.
Citing “practical realities” women may face in the job market if such leave were to be made mandatory by the court, a bench headed by Chief Justice of India (CJI) Surya Kant said, “You do not know the kind of mindset this can create in the workplace and job market. The moment you introduce a law, you cannot imagine the long term problem they may face.”
The court was hearing a PIL filed by a lawyer Shailendra Mani Tripathi, who said that there is no uniform policy across the country on this , with some institutions and companies providing menstrual leave as a matter of policy, and others not doing so.
Senior advocate MR Shamshad appearing for the petitioner said that states of Odisha and Karnataka have come up with a policy of menstrual leave while Kerala allows menstrual leave to students in the state universities, allowing them up to 60 days in a year. Both Odisha and Karnataka provide 12 paid leaves annually for women working in the government sector, and the Karnataka policy extends to the private sector as well.
“If it is voluntary, it is good. We are in agreement with you that affirmative action has to be recognised. But we have to look at the practical reality in the job market,” said the bench, also comprising justice Joymalya Bagchi.
“From a business point of view, will an employer be willing to allow a person to take leave for two to three days every month? In the judiciary too, they may not be assigned cases that require a long trial,” the court said.
Shamshad said that the petitioner had approached the court on past occasions as well. In his first petition decided on February 24, 2023, the top court allowed him to move a representation to the Union government. He complied with this order and again approached the court after a year, this time seeking a model policy on menstrual leave. This too was decided by the court on July 8, 2024 with a direction issued to the Union ministry of women and child development to hold consultation with all stakeholders, both at the Union and at the level of states, and consider framing a model policy for all .
The bench said it wondered what is stopping the government from “coming out with a policy framework.” Disposing Tripathi’s petition for the third time, the bench said, “It is not necessary for the petitioner to approach the court time and again. We have no doubt that the competent authority will earnestly consider our February 24, 2023 and July 8, 2024 orders on framing model policy for consideration by all stakeholders.”
