'Menstrual leave may affect women's career prospects': Supreme Court

The Supreme Court on Friday said introducing a law mandating menstrual leave for women could inadvertently affect their career prospects, while emphasizing the need to consider the practical realities of the job market before framing such policies and ensure no impression is created among young women that they are inferior.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a plea by Shailendra Mani Tripathi, represented by senior advocate M R Shamshad, seeking direction to states to frame menstrual leave rules.

The bench said there is a very deep-rooted design behind these petitions, and they are not bona fide petitions.

“Basically, (it is) to create an impression in young women that you are still inferior. You have some natural issues that you cannot be at par with men, therefore, during a particular time you cannot work like that," the bench said.

The court said, the petitioner should understand the long-term impact of the direction he was seeking.

The court said that affirmative action for women is constitutionally recognised, but they must consider the practical reality of the job market, that is, the less attractive the human resource, the lower the possibility of its selection.

The court said that these are factors to be looked into, and one must look at the issue from the business model.

The bench said that if a right to take three or four days of leave per month is created, as the petitioner suggests, it will adversely impact women's careers. 

The counsel submitted that he is pressing for two days' leave.

“The state of Odisha, Karnataka has come up. Kerala gave this relaxation," he said, adding that in 2013, the Kerala government granted menstrual leave for women students in all state-run universities.

The bench said the petitioner does not understand the mindset created in workplaces. 

The counsel argued that private companies have voluntarily given leave, considering the problem faced by women. 

While commending the private companies giving leave voluntarily, the bench said, “The moment you introduce a law, a compulsory condition, you do not know the amount of damage you are going to do to their career. Nobody will take them.”

The court finally disposed of the writ petition seeking paid menstrual leave for women in all establishments.