New Delhi. The Supreme Court on Friday refused to hear a PIL seeking a nationwide menstrual leave policy for women employees and girl students. Rejecting the petition, the court said, such a policy may inadvertently promote gender stereotyping and may reduce employment opportunities for women. He said that more employers will start shying away from hiring women.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said that such demands may inadvertently strengthen stereotypes about women. The court commented that it is not right to portray menstruation as a weakness or inferiority complex. However, the court also said that the competent authority concerned may consider the petitioner’s representation on the subject and examine the possibility of formulating a policy in consultation with all stakeholders. The petition was filed by Shailendra Mani Tripathi, demanding a national policy for menstrual leave for women, both students and working women.
Kerala’s example on menstrual leave
During the hearing, senior advocate MR Shamshad, appearing for the petitioner, said that some states and institutions have already taken steps in this direction. Giving the example of Kerala, he said that some relief has been given in schools there and many private companies are also voluntarily giving this leave to their employees. On this, the Chief Justice said that such facilities given voluntarily are good, but if it is made mandatory through law, it can have social and professional implications. He said this could create a perception that women would get additional leave, which could affect their employment opportunities. The court also said that since the petitioners have already made representations on the subject to the authorities concerned, there is no need to seek orders from the court again and again. With this, the Supreme Court, while disposing of the petition, directed the concerned authorities to take appropriate decision on the representation.
