SC asks Centre to frame policy on menstrual leave for women

A bench comprising Chief Justice of India D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra stated that the issue is related to policy and not within the courts' purview. Further, a court decision granting such leave might be counterproductive and detrimental, as employers may avoid hiring women.

“How will the leave encourage more women to be part of the workforce?” the court asked the petitioner, suggesting that mandating such leave could lead to women "being shunned from the workforce." The bench remarked, "We do not want that. This is actually a government policy aspect and not for the courts to look into. The petitioner says that a representation was submitted to the Centre in May 2023. Since the issues raise multifarious objectives of state policy, there is no reason for this court to intervene in light of our previous order.”

The bench, however, allowed lawyer Rakesh Khanna, representing the petitioner, and lawyer Shailendra Tripathi to approach the secretary of the Ministry of Women and Child Development and additional solicitor general Aishwarya Bhati. “We request the secretary to look into the matter at the policy level, consult all stakeholders, and see if a model policy can be framed,” the bench ordered.

The top court clarified that the Centre’s consultation process will not hinder states if they choose to take steps in this regard. The apex court had earlier disposed of a plea seeking menstrual pain leave for women students and working women across the country, stating that the issue falls under the policy domain and a representation should be made to the Centre. The senior lawyer noted that no decision has been taken by the Centre to date.