The Supreme Court on Friday refused to entertain a PIL seeking a uniform national policy granting menstrual leave to women students and working professionals. The court observed that making such a benefit compulsory could unintentionally reinforce stereotypes and potentially deter employers from hiring women.
Chief Justice Surya Kant remarked, “The moment you say compulsory in law, nobody will give them jobs, nobody will take them in judiciary or government jobs, their career is over.”
"These pleas are made to create fear, to call women inferior, that menstruation is something bad happening to them..this is an affirmative right...but think about the employer who needs to give paid leave," a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said.
Senior advocate M R Shamshad, appearing for the petitioner, pointed out that certain states and institutions have already taken steps to accommodate menstrual leave.
He cited the example of Kerala, where relaxation has been introduced in schools, and added that several private companies have voluntarily provided such leave to employees.
Responding to this, the CJI said voluntary policies were welcome but cautioned against making such provisions mandatory through law.
"Voluntarily given is excellent. The moment you say it is compulsory in law, nobody will give them jobs. Nobody will take them in the judiciary or government jobs; their career will be over. They will say you should sit at home after informing everyone," the CJI said.




















