New Delhi, March 13: The Supreme Court has dismissed a petition demanding special leave for working women and students during menstruation. The court stated that the decision to create a policy on this matter should rest with the government, emphasizing the need for consultation with all stakeholders.
During the hearing, Chief Justice D.Y. Chandrachud remarked that such petitions can sometimes instill unnecessary fear. He noted that it seems to imply that women are weak and that menstruation causes them to face difficulties.
The court pointed out that the petitioner had already presented their case to the Ministry of Women and Child Development. Therefore, the ministry should engage in discussions with all relevant parties to formulate an appropriate policy.
Justice Bagchi, part of the bench, raised an important concern. He questioned the potential impact of such a legal right on employers. It is crucial to consider how employers, who would be required to provide additional leave and pay to female employees, would respond to this situation.
Senior advocate M.R. Shamshad, representing the petitioner, informed the court that schools in Kerala offer such allowances to female students. Some private companies in the country are also voluntarily providing menstrual leave.
In response, the Chief Justice acknowledged that it is commendable if companies choose to offer such leave voluntarily. However, he expressed concern that making it a legal requirement could lead some employers to avoid hiring women altogether, negatively affecting their careers.
The petition argued that while there are provisions for maternity leave, there is no equivalent for menstrual leave. It also pointed out that some states and companies grant two days of leave per month, urging all states to adopt similar regulations. Nonetheless, the Supreme Court declined to issue any directives on the matter.
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