Menstrual leave may affect women’s career prospects: SC

Mangalore Today News Network

New Delhi, Mar 14, 2026: The Supreme Court on Friday observed that making menstrual leave mandatory through legislation could unintentionally affect women’s career opportunities. The court stressed the need to carefully examine the practical realities of the job market before introducing such policies and cautioned against creating any perception among young women that they are inferior.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a petition filed by Shailendra Mani Tripathi, represented by senior advocate M.R. Shamshad, seeking directions to states to frame rules providing menstrual leave.

During the hearing, the bench remarked that there appeared to be a deeper design behind such petitions and questioned their bona fides.

“Basically, it tends to create an impression among young women that you are still inferior. You have some natural issues and therefore cannot be at par with men, and during a particular time you cannot work like them,” the bench observed.

The court noted that the petitioner should understand the long-term consequences of the directions he was seeking. While acknowledging that affirmative action for women is constitutionally recognised, the bench said the practical realities of the job market must also be considered.

It observed that from an employer’s perspective, if a human resource is perceived as less available for work, the chances of selection may reduce. The court said such aspects must be viewed from a business model standpoint.

The bench further noted that if a right to take three or four days of leave every month is created, as suggested in the petition, it could adversely affect women’s career prospects.

The petitioner’s counsel submitted that he was seeking only two days of leave and pointed out that states such as Odisha and Karnataka have taken steps in this regard. He also noted that in 2013, the Kerala government granted menstrual leave for women students in all state-run universities.

However, the bench remarked that the petitioner seemed to overlook the workplace mindset that could develop if such a law were introduced.

The counsel argued that several private companies have voluntarily introduced menstrual leave considering the challenges faced by women. While appreciating such voluntary initiatives, the court cautioned that making it a compulsory legal requirement could have unintended consequences.

“The moment you introduce a law as a compulsory condition, you do not know the amount of damage it may cause to their careers. Nobody may want to hire them,” the bench said.

The Supreme Court ultimately disposed of the writ petition seeking paid menstrual leave for women in all establishments.