The Supreme Court on Friday refused to hear a PIL seeking a nationwide policy to grant menstrual leave to women students and workers, saying such a rule could discourage employers from hiring women and could inadvertently reinforce gender stereotypes, PTI reported.
The Supreme Court, however, said that the competent authority may consider the representation and explore the possibility of framing a policy regarding menstrual leave after consultation with all relevant stakeholders.
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Thus, the PIL was mandated by the authorities to take the appropriate representation decision.
“These pleas are meant to create fear, to call women inferior, that menstruation is something wrong that happens to them…this is an affirmative right…but think of the employer who needs to give paid leave,” a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said.
Senior advocate MR Shamshad, appearing for the petitioner, pointed out that some states and institutions have already introduced measures regarding menstrual leave. He cited Kerala as an example, where schools have introduced furloughs, noting that several private companies offer such furloughs to employees voluntarily, PTI reported.
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The Chief Justice responded that while voluntary policies are laudable, introducing mandatory menstrual leave through legislation should be approached with caution.
“Voluntary is excellent. The moment you say it is mandatory by law, no one will give them a job. No one will take them to the judiciary or civil service; their career will be over. After informing everyone, they will say you should sit at home,” the CJI said.
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The bench also highlighted the possible effects of mandatory menstrual leave on the perception of the workplace and the professional growth of women.
The court accepted the arguments of the petitioner and noted that a representation had already been made to the relevant authorities. He added that it was not necessary for the petitioner to repeatedly approach the court for mandamus.
Currently, India has no law governing menstrual leave. Legislative efforts included the Right to Menstrual Hygiene and Paid Leave Act of 2019 (Private Member’s Bill), which proposed both menstrual leave and access to menstrual products, but was never enacted, according to a LiveLaw report.
Karnataka offers menstrual leave to all working women
In November 2025, Karnataka became the first state in India to provide paid menstrual leave to all women employed in formal jobs. Under this policy, women aged 18 to 52 who work in the government and private sectors are entitled to one day of menstrual leave per month, which is non-transferable and no medical certificate is required to use it.
The policy benefits approximately 350,000 to 400,000 women in the formal sector, but does not cover the much larger group, estimated at six million, working as domestic workers, daily wage workers or casual workers in the unorganized sector.
Meanwhile, Bihar and Odisha provide two days of menstrual leave every month to government employees.
Several other countries, including Indonesia, Japan, and Italy, have implemented menstrual leave policies. In Canada, there is no law mandating menstrual leave, although some employers provide it as a workplace benefit. Similarly, in India, some companies voluntarily offer menstrual leave to female employees as a goodwill measure without waiting for legal enforcement.
(With input from agencies)
