Supreme Court Warns Period Leave Law Could Hurt Young Women's Job Chances

Court's Key Concerns on Career Risks

The Supreme Court cautioned that implementing this kind of legislation might inadvertently have negative consequences for women's employment prospects.
“The moment you introduce this as a law and make it a compulsory condition, you may not be able to assess the amount of damage you may do to their career. Nobody may give them big responsibilities. In judicial services, people may not assign trials to them,” CJI Surya Kant said.
"Voluntarily given is excellent. The moment you say it is compulsory in law, nobody will give them jobs. Nobody will take them in the judiciary or government jobs; their career will be over," he added.

Justice Bagchi on Job Market Reality

Justice Bagchi pointed out that if employers are forced to offer additional leave, they might view women as less desirable candidates for jobs.
"Affirmative action in respect of females is constitutionally recognised. But look at the practical reality in the job market. The more unattractive the human resource, the less is the possibility of assumption in the market," he said.
The judges stressed that while acknowledging the challenges women face during menstruation is important, creating a law around menstrual leave could be counterproductive both socially and professionally.

Petition Seeks Uniform Paid Leave Policy

The court was considering a request from advocate Shailendra Mani Tripathi, who asked for a uniform law on paid menstrual leave for working women and students, rooted in the principle of human dignity as outlined in Article 21 of the Constitution. Mr. Tripathi argued that a judicial order is needed to address the legal gap left by the Maternity Benefit Act of 1961.
His petition highlighted the struggles many women endure due to severe menstrual pain and related health issues such as endometriosis, uterine fibroids, adenomyosis, and pelvic inflammatory disease—conditions that can make it difficult for them to work or attend school during their periods. Mr. Tripathi emphasized that the government should establish leave policies or other support programs for working women and female students. 

Global Examples from Spain to Japan

His petition also noted that India has committed to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which advocates for non-discriminatory practices and the dignified treatment of women.
“Spain has recently enacted a law to introduce menstrual leave, thereby addressing the problem of menstrual pain. Vietnam has also enacted and implemented menstrual leave policies. Countries like the United Kingdom, Wales, China, Japan, Taiwan, Indonesia, South Korea and Zambia have different policies or laws on the grant of menstrual leave,” the petition said.