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New Delhi, July 9, 2024 — The Supreme Court of India has requested the central government to explore the possibility of creating a national policy for menstrual leave. This directive came from a bench led by Chief Justice of India D.Y. Chandrachud, following a public interest litigation (PIL) that called for official measures to address menstrual health and leave for women.
The bench, also comprising Justices J.B. Pardiwala and Manoj Misra, recommended that the petitioner submit a representation to the Secretary of the Union Ministry of Women and Child Development, with a copy sent to Additional Solicitor General Aishwarya Bhati.
In their remarks, the justices emphasized the importance of consulting a broad range of stakeholders, including state governments, to determine the feasibility of such a policy. “We request the Secretary, Union Ministry of Women and Child Development, to look into the matter. After due consultation with all stakeholders, both the Union and the States shall consider whether it is feasible to frame a model policy on menstrual leave,” the Bench stated.
However, the court also expressed caution. They noted that implementing a mandatory menstrual leave policy could potentially discourage employers from hiring women, a concern that would need careful consideration during policy formulation. The court clarified that its order should not impede state governments from developing their own independent policies on the matter.
The PIL, filed by advocate Shashank Singh, highlighted that several private organizations in India have already adopted menstrual leave policies. Internationally, countries like the UK, China, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia have similar policies in place.
The petition argued that a woman’s menstrual status is a personal and intrinsic right that must be treated with dignity and without discrimination. “This would require the State to come out with such measures which provide the required relief to a woman during menstrual pain so that she is able to cope with the suffering and protect her personal right with dignity under Article 21 of the Constitution,” the petition stated.
In response to this issue, the former Union Women and Child Development Minister Smriti Irani had stated in December last year that menstruation does not necessitate a specific policy for granting paid leave.
As the discussion continues, the involvement of various stakeholders will be crucial in shaping a policy that balances the needs of women with the concerns of employers, ensuring both health and workplace equity.
