Supreme Court of India has rejected a petition that sought mandatory menstrual leave for working women and female students across India. The court said that making such leave compulsory could create problems for women in the workplace.
The decision was made by a two-judge bench led by Chief Justice Surya Kant. According to the judges, introducing a nationwide rule for menstrual leave might make employers less willing to hire women.
The court explained that if such a law were enforced, companies might avoid employing women because they would see them as less available for work. The judges also said that the policy could make young women feel that they are not equal to their male colleagues.
The topic of menstrual leave has been widely debated in India for many years. Some people support the idea and say that women should be allowed to take time off during painful periods. Others believe that a special leave policy could create gender differences in workplaces.
Although the court rejected the petition, some regions and companies in India already offer limited menstrual leave. For example, the states of Bihar and Odisha provide two days of menstrual leave each month for female government employees.
Similarly, the state of Kerala offers this benefit to staff working in universities and industrial training institutes. In 2024, the southern state of Karnataka also approved a rule allowing women to take one day off each month during their menstrual cycle.
Supporters of menstrual leave say that it helps protect women’s health and can improve productivity. They also point out that several countries, including Spain, Japan, South Korea and Indonesia, already have similar policies.
Despite these arguments, the court believes the issue should be handled by governments and employers rather than through a national law.