On Monday, the Supreme Court instructed the Centre to develop a model policy on menstrual leave for women employees, urging consultations with states and relevant stakeholders. The bench, comprising Chief Justice D. Y. Chandrachud and Justices J. B. Pardiwala and Manoj Misra, clarified that the issue falls under government policy, not judicial purview.
The court emphasised that a judicial mandate on menstrual leave might be counterproductive, potentially leading employers to avoid hiring women. The bench inquired, "How will the leave encourage more women to be part of the workforce?" adding that mandatory menstrual leave could result in women "being shunned from the workforce". The justices stressed, "This is actually a government policy aspect and not for the courts to look into."
Despite rejecting judicial intervention, the court permitted petitioner Shailendra Mani Tripathi, represented by lawyer Rakesh Khanna, 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, consult all stakeholders, and see if a model policy can be framed," the bench ordered.
Previously, the Supreme Court had dismissed a plea seeking menstrual pain leave for women students and employees, advising that the matter be represented to the Centre. Tripathi's petition highlighted the lack of attention to the menstrual period in the Maternity Benefit Act, of 1961, despite provisions for maternity care.
The bench reiterated that the Centre’s consultation process would not impede states from taking independent actions on menstrual leave. This direction follows a representation submitted to the Centre in May 2023, which had yet to yield any decision.
Historically, several countries have recognised the need for menstrual leave. The Soviet Union implemented paid leave for menstrual pain, Japan enacted a law in 1947, and South Korea followed in 1953. Some Chinese provinces, Indonesia, the UK, Wales, Taiwan, and Zambia also provide menstrual leave, though cultural and practical barriers often hinder its utilisation.
In India, former Women and Child Development Minister Smriti Irani opposed mandatory paid menstrual leave, stating, "Menstruation and the menstruation cycle are not a handicap; they’re a natural part of women’s life journey." Nonetheless, the Union Health Ministry is rolling out a Menstrual Hygiene Policy, which includes leave provisions.
The Supreme Court’s directive for a model policy reflects a broader societal and legislative challenge in addressing menstrual health in the workplace. The decision now lies with the Centre to balance these considerations and formulate a policy that supports women's participation in the workforce without unintended negative consequences.
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