'May discourage employers…': SC quashes plea for menstrual leave policy
The Supreme Court on Monday declined to hear a petition that sought to set up menstrual leaves for women in the workforce. Instead, it directed the Centre to consult with relevant stakeholders and state governments to develop a comprehensive policy on this issue. The bench, led by Chief Justice DY Chandrachud, expressed concerns that such a policy might unintentionally discourage employers from hiring women.
Court directs government to formulate menstrual leave policy
The Supreme Court instructed the central government to engage in discussions with all relevant stakeholders and states to formulate a model policy on menstrual leave. The court stated that this is a policy decision that can be attended to by the central and state governments, adding that this decision falls under their jurisdiction. This stance is consistent with the court's previous refusal in February to entertain a Public Interest Litigation (PIL) seeking similar rules for granting menstrual pain leave.
Existing menstrual leave policies in India
The petitioner pointed out that only Bihar and Kerala, two states in India, currently provide menstrual leave for women. Bihar introduced two days of paid menstrual leave for female employees in 1992 during Lalu Prasad's tenure as chief minister. More recently, Kerala's chief minister Pinarayi Vijayan announced a three-day period leave for female students on January 19.
What the bench said
The bench led by CJI Chandrachud said, "If you compel employers to provide paid menstrual leave to women employees, it may impact their business or serve as a disincentive, and they might avoid taking in a large number of women employees." The petitioner's counsel was advised to submit a representation on this matter to the Union Ministry of Women and Child Development for appropriate action.
