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Supreme Court dismisses plea for menstrual leave
India's highest court has declined a petition demanding mandatory menstrual leave for working women and female students, warning such a policy could reduce women's employment opportunities.
Court's reasoning
A two-judge bench led by Chief Justice Surya Kant stated that enforcing menstrual leave would signal women are "not equal" to male colleagues and could "hinder their professional advancement."
The judges argued that private employers might avoid hiring women if such leave were mandated, potentially making women "less attractive" as job candidates.
"The government could explore a menstrual leave policy after consulting all stakeholders," the court suggested.
Divided opinions
The ruling has reignited debate in India, where menstruation remains a sensitive topic. While some support the court's stance, others argue that paid leave would help women manage severe menstrual pain.
Public health expert and lawyer Sukriti Chauhan criticized the decision, stating it "perpetuates stigma around menstruation" and contradicts India's laws on workplace dignity and gender equality.
"Denying menstrual leave forces women into uncomfortable or unsafe work conditions," Chauhan told the BBC.
Global and domestic precedents
Several countries, including Spain, Japan, South Korea, and Indonesia, already offer menstrual leave. Studies suggest such policies improve workplace productivity and women's well-being.
In India, some states and private companies have adopted limited menstrual leave policies. Bihar and Odisha provide two days of leave per month for government employees, while Kerala extends it to university and industrial training staff. Karnataka recently introduced a one-day monthly leave for all menstruating women.
Corporate adoption has also grown: conglomerate RPG Group offers two days of period leave monthly at its subsidiary CEAT, engineering firm L&T provides one day per month, and food delivery platform Zomato allows up to 10 days annually.
Cultural and practical challenges
Critics argue that menstrual leave could be misused or discourage women from claiming it due to societal taboos. In many parts of India, menstruating women are still excluded from religious spaces or isolated at home.
However, advocates emphasize that such policies are a step toward normalizing discussions about women's health and workplace equity.