Chief Justice of India Surya Kant on Friday said that making menstrual leave mandatory for women could adversely impact their employment prospects, warning that employers might avoid hiring women if such a law is introduced.
The remarks came during a hearing on a petition filed by lawyer Shailendra Mani Tripathi, who sought directions from the Supreme Court to states to frame rules granting paid menstrual leave for women, including students and working professionals.
The Chief Justice observed that while awareness and sensitisation on menstrual health are important, legally mandating leave could create unintended consequences in the job market. “The moment you bring in a law mandating menstrual leave, nobody will hire them. You don’t know the mindset of employers,” he said.
Concern Over Impact On Jobs
Justice Joymalya Bagchi, who was part of the bench, also highlighted the practical realities of the job market. He noted that employers may see such provisions as making female employees less attractive from a business perspective.
The bench said that while affirmative action for women is constitutionally recognised, policymakers must also consider how such measures may affect employment opportunities.
Court Notes Voluntary Measures
However, the Chief Justice pointed out that voluntary policies are different from legally mandated provisions, reiterating that compulsory laws could discourage employers from hiring women.
Earlier in January, the Supreme Court of India recognised menstrual hygiene as an integral part of a girl child’s right to life, dignity, health, and education under Article 21 of the Constitution.
Source – https://odishatv.in/national/mandatory-menstrual-leave-may-hurt-womens-jobs-cji-surya-kant-11211463