NEW DELHI,14 March 2026 : Mandatory menstrual leave for women could ‘adversely impact (their) employment’ because employers ‘will not hire women if we make such a law’, Chief Justice Surya Kant said Friday.
Such a law would also ‘create a psychological fear or impression among working women… that they are ‘less’ than men’, the Chief Justice argued this morning as the court heard a petition by a lawyer, Shailendra Mani Tripathi, seeking direction to states to frame paid menstrual leave rules.
“Creating awareness and sensitisation is different… but the moment you bring in a law mandating menstrual leave, nobody will hire them (women),” he said, warning the petitioner, “You don’t know the mindset of employers. They will not hire women if we make such a law.”
“Affirmative action in respect of females is constitutionally recognised. But look at the practical reality in the job market. The more unattractive the human resource, the less is the possibility of assumption in the market. Look at from the business model. Will any employer be happy with the competing claims of other genders?” Justice Joymalya Bagchi said.
Specifically, the petitioner wanted the Supreme Court to ensure that women, whether students or working professionals, are allowed leave during menstruation. But such pleas, the Chief Justice declared, are “made to create fear…”
“They will call women inferior (and say) menstruation is something ‘bad’ happening to them.”
Senior Advocate MR Shamshad pointed out that in 2013 the Kerala government had granted menstrual leave for women students in all state-run universities. Chief Minister Pinarayi Vijayan had then said the decision was part of a “commitment to realising a gender-just society”.
