Supreme Court Declines Plea for Nationwide Menstrual Leave, Calls It a Policy Matter

New Delhi: The Supreme Court of India on Friday declined to entertain a plea seeking a nationwide policy for menstrual leave for women students and employees, observing that such a mandate could reinforce gender stereotypes and adversely affect women’s participation in the workforce.

A bench of the Court noted that making menstrual leave compulsory across institutions and workplaces might unintentionally create the perception that women are less capable, potentially discouraging employers from hiring or assigning responsibilities to them.

The Court emphasized that the issue falls within the domain of policymaking and should be examined by the government in consultation with relevant stakeholders. It stated that the judiciary cannot impose a blanket policy on menstrual leave across the country.

While declining to issue directions, the Court clarified that states, universities, and private organisations are free to formulate their own policies regarding menstrual leave if they deem it appropriate.

The plea had sought a uniform national policy granting paid menstrual leave to women employees and students, arguing that menstrual health concerns often affect productivity and attendance.

Legal experts say the Court’s decision reinforces the position that such matters should be addressed through legislative or executive policy rather than judicial intervention.