The Supreme Court of India has expressed significant concerns regarding the mandatory implementation of menstrual leave for women, warning that such a move could inadvertently backfire. A bench led by Chief Justice DY Chandrachud observed that making period leave a legal mandate might discourage employers from hiring women, effectively barring them from the workforce.

The court noted that while the intent behind the plea for menstrual leave is positive, its practical application could lead to workplace discrimination. The bench stated that if private firms are forced to provide monthly leaves, they might perceive female employees as less ‘productive’ or more ‘expensive,’ leading to a decline in female employment rates. “We do not want a decision meant to help women to actually become a barrier to their career growth,” the court remarked.

Acknowledging that this is a complex policy matter, the Supreme Court refused to pass a direct judicial order. Instead, it directed the petitioners to approach the Ministry of Women and Child Development. The court suggested that the Central and State governments should formulate a model policy on menstrual hygiene and leaves. This observation highlights the delicate balance between protecting women’s biological rights and ensuring their equal participation in the global economy.