Menstrual Leave: Supreme Court Directs Centre To Frame Model Policy

New Delhi: The necessity for menstrual leave for working women has long been a subject of debate in India.

Some states like Bihar and Kerala, and institutions such as Sikkim High Court and Zomato, have introduced a policy for its women employees, but there is no uniform policy across the country.

Hearing a petition on the matter, the Supreme Court on Monday directed the Union government to frame a model policy on menstrual leave for women employees after deliberation with states and other parties involved.

A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said this is a matter of policy, and not an issue courts need to look into, PTI reported.

However, the court pointed out that granting menstrual leave may be counterproductive and have “detrimental” effect on women as companies may not want to employ them.

“How will the leave encourage more women to be part of the workforce,” the court asked the petitioner. The bench observed that mandating such leave will lead to women being “shunned” from the workforce.

“We do not want that (situation),” the bench said.

The three-member bench permitted lawyer Rakesh Khanna, who appeared for petitioner and lawyer Shailendra Tripathi, to move the secretary of Ministry of Women & Child Development and Additional Solicitor General Aishwarya Bhati.

The court requested the secretary of Ministry of Women & Child Development to consider the matter and identify whether a model policy can be framed after discussions with different stakeholders.

The top court clarified that states are free to take steps in this regard, which won’t be affected by the Centre’s consultation process.

In February, another CJI-headed three-member had rejected a PIL which sought directions to all state governments to frame rules on menstrual pain leave.