The Supreme Court of India on Monday addressed a plea regarding the provision of menstrual leave for women employees, raising concerns that mandatory leave could potentially lead to women being excluded from the workforce.
The bench, comprised of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, emphasized that the matter was a policy issue and not within the judiciary’s remit. The court directed the central government to create a model policy through consultations with state governments and relevant stakeholders.
“How will this leave encourage more women to join the workforce?” the court questioned the petitioner, expressing apprehension that enforcing such leave might result in women “being shunned from the workforce.”
“This is actually a government policy aspect and not for the courts to look into,” the bench asserted.
The court acknowledged that the petitioner had submitted a representation to the Centre in May 2023 but noted that the issue involved complex policy considerations. As such, it concluded there was no basis for judicial intervention at this stage.
“Since the issues raise multifarious objectives of state policy, there is no reason for this court to intervene in light of our previous order,” the bench stated.
The court expressed concerns that a judicial decision mandating menstrual leave could be counterproductive, potentially discouraging employers from hiring women.
However, the bench allowed lawyer Rakesh Khanna, representing the petitioner, and lawyer Shailendra Tripathi to approach the Secretary of the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati.
“We request the secretary to look into the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be framed,” the court ordered.
The bench also clarified that the Centre’s consultation process would not prevent individual states from taking independent steps on this issue.
Earlier, the Supreme Court had dismissed a plea seeking menstrual pain leave for women students and working women across India, stating that the issue was within the policy domain and suggesting that a representation be made to the Centre. The petitioner noted that, to date, no decision has been made by the central government.
The court’s directive now places the responsibility on the Ministry of Women and Child Development to consider the issue and develop an appropriate policy in consultation with stakeholders.
