Photo Source" ANI
‘Nobody Will Hire Them’: Supreme Court warns mandatory menstrual leave could hurt women’s jobs
Babushahi Bureau
New Delhi, March 13, 2026: The Supreme Court of India has declined to entertain a public interest litigation (PIL) seeking a nationwide policy for mandatory menstrual leave for women students and employees, observing that such a legal requirement could unintentionally affect women’s employment opportunities.
A bench led by D. Y. Chandrachud (Chief Justice of India) noted during the hearing that while menstrual leave may be considered an affirmative right aimed at supporting women, making it compulsory through legislation could lead to employers becoming reluctant to hire women.
The court pointed out that employers might hesitate to recruit women if they are legally required to provide additional paid leave, which could negatively impact women’s participation in the workforce. The bench emphasised that policies introduced with the intention of helping women should not end up creating new barriers in employment.
During the hearing, the bench also observed that debates around menstrual leave sometimes create unnecessary stigma by portraying menstruation as a weakness. The court stressed that menstruation should not be viewed as something that makes women less capable.
At the same time, the court clarified that organisations and institutions are free to introduce voluntary menstrual leave policies if they wish. However, the judges cautioned against making such provisions mandatory through law.
“Voluntary policies are welcome, but making them compulsory may discourage employers from hiring women,” the bench remarked, highlighting potential unintended consequences for women’s careers.
The court ultimately disposed of the petition and directed the concerned authorities to examine the representation submitted by the petitioner. It said the competent authorities may study the issue and consider whether a suitable policy on menstrual leave could be framed after proper evaluation.