Menstrual leave cannot be made mandatory, says SC, observes that law will destroy women's careers

NEW DELHI: The Supreme Court observed that mandatory menstrual leave will lead to a setback for women in the workplace. Chief Justice Surya Kant observed that companies will be reluctant to hire women if menstrual leave is made mandatory. The court's observation was made while considering a petition by advocate Shailendra Mani Tripathi.

The Chief Justice pointed that such a law would also create a psychological fear or impression among working women, that they are less than men. The Chief Justice said that this will lead to the growth of the mindset among employers that menstruation is a bad thing. You do not know the mindset of employers. The court warned the petitioner that if such a law is enacted, they will stop hiring women. The court also clarified that there is a difference between creating awareness and forcing it through law.

Senior advocate M R Shamnad brought to the attention of the court the fact that menstrual leave was granted to students in universities in Kerala in 2013. He pointed out that such a decision was taken as part of ensuring gender equality. He said that many private companies are granting such leave. However, the court replied that all these are voluntary measures and if imposed through law, women's careers may be destroyed.