The Supreme Court of India has dismissed a Public Interest Litigation (PIL) seeking a nationwide mandate for menstrual leave for women and students. A bench headed by Chief Justice of India (CJI) DY Chandrachud observed that while the issue is significant, a mandatory judicial order could inadvertently harm women’s prospects in the workforce. The court expressed fear that such a mandate might lead to systematic discrimination by employers.

The Court’s Perspective: During the hearing, the CJI noted that mandating period leave could become a “deterrent” for hiring women. “If we compel employers to grant menstrual leave, they might prefer not to hire women altogether. This could prove counterproductive to the goal of gender equality in the workplace,” the bench remarked. The court emphasized that a balance must be struck between biological needs and the right to equal employment opportunity.

Government Responsibility: The apex court clarified that the formulation of such a policy falls under the jurisdiction of the executive branch. It directed the petitioners to approach the Ministry of Women and Child Development. The court suggested that the government should look into creating a ‘Model Policy’ after consulting stakeholders. By refusing to intervene legally, the Supreme Court has highlighted the complex socio-economic reality where a protective law could potentially lead to marginalization in a competitive job market.