The Supreme Court of India on Friday dismissed a Public Interest Litigation (PIL) seeking mandatory menstrual leave for women in the workplace. A bench led by Justice Surya Kant observed that enforcing such a mandate could have an adverse impact on women’s workforce participation, as employers might become reluctant to hire women to avoid the additional requirements.

Justice Surya Kant remarked that mandating such leave by law could create a perception that women are less capable than their male counterparts in a competitive professional environment. The Court emphasized that while raising awareness and fostering sensitivity is essential, a rigid legal mandate could lead to discrimination during the hiring process. The Court noted that employers’ mindsets play a significant role, and such laws could unintentionally lead to women being sidelined or rejected at the job application stage.

This is the second time the apex court has expressed such concerns, following a similar observation during a hearing on July 8. The Court concluded that it cannot frame policies on this issue and asserted that it is a matter for the Central and State governments to deliberate upon. By dismissing the petition, the Court has signaled that the path to workplace equality lies in sensitivity and policy debate rather than compulsory legislation.