India’s Supreme Court Rejects Menstrual Leave Petition

India’s highest court has rejected a petition seeking mandatory menstrual leave for working women and female students, saying such a policy could unintentionally reduce women’s employment opportunities.

A two-judge bench led by Chief Justice Surya Kant at the Supreme Court of India said introducing compulsory menstrual leave could discourage employers from hiring women.

The judges warned that if the court mandated such a rule, “no-one will hire women,” adding that it might also lead young women to believe they were “not at par” with their male colleagues and could ultimately be harmful to their professional growth.

The court made the remarks while hearing a petition filed by lawyer Shailendra Mani Tripathi, who had called for a nationwide menstrual leave policy.

According to legal website LiveLaw, Tripathi had argued that working women should receive two to three days of leave each month to help manage menstrual pain and related health issues.

However, the judges said such a mandate could reinforce gender stereotypes and make employers in the private sector hesitant to recruit women.

They suggested that if such a policy were to be introduced, it should be developed by the government after consultation with stakeholders rather than imposed by the court.

The decision has once again reignited debate across India, where the topic of menstrual leave has long divided opinion.

Some supporters agree with the court’s view, arguing that additional leave specifically for women could create workplace inequality or discourage companies from hiring female employees.

Others say time off during painful periods would improve women’s health and dignity at work.

In many parts of India, menstruation still carries social stigma, with some women discouraged from entering temples or participating in certain activities during their periods.

Supporters of menstrual leave policies point out that several countries have already adopted similar measures, including Spain, Japan, South Korea and Indonesia.

Some Indian states have also introduced limited policies. Bihar and Odisha allow two days of menstrual leave per month for government employees, while Kerala offers similar provisions for university and industrial training institute staff.

Last year, the southern state of Karnataka approved a law granting one day of menstrual leave each month for women employees.

In recent years, several private companies across India have also adopted menstrual leave policies for their female staff, reflecting a gradual shift in workplace practices.