In a significant observation, the Supreme Court of India has dismissed a plea seeking mandatory menstrual leave for women in workplaces and schools. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi cautioned that imposing such a law could prove counter-productive, potentially discouraging employers from hiring women.

The Court’s Reasoning: The bench noted that making menstrual leave a statutory requirement could create a bias against hiring women, thereby adversely affecting their career prospects. Chief Justice Surya Kant remarked that since no woman had approached the court with this grievance, the petition—filed by a male advocate—might inadvertently reinforce stereotypes about women being “less capable.”

Voluntary vs. Mandatory Policies: When the petitioner’s counsel cited examples of Kerala schools and private firms that already offer such leaves, the Court clarified that while it welcomes policies implemented voluntarily by organizations, forcing them via legislation could ultimately limit job opportunities for women. The Court concluded that such a mandate could create a deterrent for employers, effectively stalling women’s progress in the professional sphere.