New Delhi: The Supreme Court rejected a plea on Monday that requested directives for the Centre and states to create menstrual leave policies. Hearing a Public Interest Litigation (PIL), the apex court stated that mandating menstrual leave for women may lead to being shunned from the workforce. It also stated that it is not a matter for courts to look into. A bench led by Chief Justice of India (CJI) D Y Chandrachud was heariing the PIL. The bench comprising justices J B Pardiwala and Manoj Misra said, We do not want that what we try to do to protect women can act to their disadvantage.The CJI acknowledged that while the policy might encourage increased female participation in the workforce, it also has a potential downside: it could discourage employers from hiring women.Governments responsibility The bench emphasized that this issue falls under government policy rather than judicial review. It is a matter for the Union of India and state governments to address. However, the bench urged the central government to engage with all relevant stakeholders and state governments to develop a model policy.Petitioners next stepThe court highlighted that the issue involves multiple policy dimensions, making judicial intervention unnecessary. We permit the petitioner to move the secretary in the Ministry of Women and Child Development,” the bench stated in its order. It also directed that a copy of the petition be given to Additional Solicitor General Aishwarya Bhati, who has assisted the court in similar matters.The bench requested the Ministry of Women and Child Development to examine the issue at the policy level, consulting all stakeholders, to see if a model policy could be formulated. The bench noted that its order does not prevent state governments from making appropriate decisions that consider the welfare of the concerned employees.Apex Courts previous stand on menstrual leaveIn February of this year, the Supreme Court had a similar stance on a petition seeking a directive for all states to establish rules for menstrual pain leave for women students and employees. The court reiterated that this matter also falls within the policy domain. Currently, Bihar and Kerala are the only states in India with provisions for menstrual leave.
