The Supreme Court of India has directed the Centre to frame a model policy on menstrual leave for women employees. This directive came after a bench, comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, heard a petition on the matter. While recognizing the potential benefits of such a policy, the court also expressed concerns about its potential negative consequences. The court highlighted the possibility of employers shunning women from the workforce if menstrual leave becomes mandatory, stating that such a policy could prove detrimental to women in certain circumstances.
The court emphasized that the issue falls under the domain of government policy, not for the judicial branch to decide. However, it permitted the petitioner to approach the relevant authorities and requested a decision be made after consultations with all stakeholders. This includes consultations with state governments and relevant organizations, aiming to ensure a comprehensive and well-considered approach.
The court acknowledged that the petitioner had submitted a representation to the Centre in May 2023, but no decision has been made yet. The bench instructed the secretary of the Ministry of Women and Child Development to examine the matter at the policy level and take a decision after consulting all stakeholders. They are to determine if a model policy can be effectively framed.
The Supreme Court’s order clarifies that the Centre’s consultation process does not impede states from taking independent actions on the matter. Earlier, the court had disposed of a plea seeking menstrual pain leave for women students and working women nationwide, stating that it falls under the policy domain and a representation should be made to the Centre. The court’s directive underscores the complex nature of this issue, requiring careful consideration and stakeholder input to ensure a policy that balances the rights and well-being of women employees with the broader needs of the workforce.
