Sikkim HC First To Introduce Menstrual Leave Policy For Female Employees

New Delhi: The Sikkim High Court may be the smallest in the country, but is making headlines courtesy a novel decision.

It has become the first high court in the country to introduce a menstrual leave policy for its female employees.

In a notification on May 27, the Sikkim High Court registry stated that women employees may avail “2-3 days of menstrual leave” in a month if recommended by the high court’s Medical Officer.

“Women employees in the High Court Registry may henceforth avail menstrual leave of 2-3 days in a month, provided they approach the Medical Officer attached to the High Court first and obtain the latter’s recommendation for such leave,” the notification said.

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The Sikkim High Court currently has 3 judges, with 9 officers in the registry including one woman officer, according to its website.

India does not have a national policy or law for menstrual leave.

A Supreme Court bench, headed by Chief Justice of India DY Chandrachud, in February 2023 declined to hear a petition seeking menstrual leave for students and working women, stating that the matter was in the domain of policy, and not for them to decide. The top court recommended that the petitioner file a representation with the Union Ministry of Women & Child Development.

In December, Minister of Women & Child Development Smriti Irani opposed a menstrual leave policy.

However, the Ministry of Health & Family Welfare came up with a draft Menstrual Hygiene policy which proposed work-from-home or support leaves should be available to women so that there is no discrimination against them.