US EditionSupreme Court: India Top Court Rejects Menstrual Leave Petition Saying 'No-One Will Hire Women'
- On Friday, the Supreme Court refused to entertain a Public Interest Litigation seeking a nationwide mandatory menstrual leave policy, citing concerns that such a law could damage women's employment opportunities and professional advancement.
- Chief Justice Surya Kant and Justice Joymalya Bagchi warned that mandatory leave could "create fear" and reinforce stereotypes, potentially leading employers to view women as "inferior" and discouraging hiring.
- Petitioner Shailendra Mani Tripathi argued for a uniform law ensuring dignity, while the Court acknowledged voluntary initiatives by Kerala and private entities offering up to 60 days of leave annually.
- The bench disposed of the PIL, directing competent authorities to evaluate the petitioner's representation in consultation with all relevant stakeholders rather than imposing a national mandate through judicial order.
- This decision follows a recent January ruling recognizing menstrual health as a fundamental aspect of dignity under Article 21 of the Constitution, which directed governments to ensure access to sanitary napkins and gender-segregated facilities.
39 Articles
39 Articles
‘Will harm women’s careers’: Why Supreme Court declined to hear plea on menstrual leaves
The Supreme Court of India has declined to hear a petition seeking a nationwide policy granting menstrual leave to women students and employees. The court said such a mandatory law for women could 'adversely impact their employment' and that employers 'will not hire women if we make such a law'
No one will give women jobs: SC refuses to enforce menstrual leave policy
New Delhi: The Supreme Court on Friday, March 13, refused to entertain a public interest litigation (PIL) seeking a nationwide policy providing menstrual leave for women in educational and professional institutions, observing that no one would give them jobs in such a scenario, and it would, in turn, reinforce gender stereotypes. “These pleas are made to create fear, to call women inferior, that menstruation is something bad happening to them. T…
The Supreme Court refused to hear a petition seeking to make menstrual leave mandatory. The court stated that enacting it into law could negatively impact women's employment and careers. The court urged the government to consider formulating a policy on this issue.
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