The Supreme Court has taken a nuanced stance regarding the petition filed for leave during periods for women. The court expressed apprehension that this could result in employers being hesitant to recruit women.
The court, while recognizing the potential benefits of granting leave during periods, has issued directives to the central government. The Supreme Court has instructed the central government to engage in discussions with state governments and all stakeholders to formulate a model policy. The court acknowledged that such a policy could increase enthusiasm for work among women but also cautioned that making it mandatory could have disadvantages.
Chief Justice D.Y. Chandrachud, while advocating for leave during periods, also acknowledged the potential negative consequences of mandating such leaves. The court’s concern is that this could potentially distance women from the workforce, which is an undesirable outcome. The top court stated that in an effort to protect women, there might be unintended negative consequences.
The Supreme Court further mentioned that this is a policy decision that can only be made by the central and state governments. They also advised the petitioner to approach the Ministry of Women and Child Development. The petition requested that the Supreme Court direct state governments to formulate rules for leave during women’s periods. It included a demand for students and working women to leave during periods.
The court noted that this was not the first time the problem had been raised. They had already dismissed a similar plea in February 2024, citing policy reasons.
There is presently no national policy on menstrual leave in India. Only Bihar (two days) and Kerala (three days for students) have special arrangements. The central government has not yet taken any action on the model policy directive.
