Supreme Court says no to menstrual leave law: But here’s the list of states and companies already offering period leave

The Supreme Court of India has declined a petition seeking directions to introduce mandatory menstrual leave rules for women. During the hearing, Chief Justice Surya Kant raised concerns that a legal mandate could unintentionally affect women’s employment prospects. The court was responding to a petition filed by lawyer Shailendra Mani Tripathi, who had asked for directions requiring states to frame rules allowing menstrual leave for women, including students and working professionals.

While the court did not support the creation of a mandatory law, the issue remains part of a wider debate. Several states and private companies already provide menstrual leave voluntarily. At the same time, the judiciary has previously emphasised the importance of menstrual hygiene and access to related facilities as a matter linked to health and dignity.

During the hearing, Chief Justice Surya Kant explained that making menstrual leave mandatory could potentially affect women’s job opportunities. According to him, employers might hesitate to hire women if such a legal requirement were introduced.

He said that while creating awareness and promoting sensitivity about menstrual health is important, introducing a compulsory rule may have unintended consequences.

The Chief Justice cautioned that employers might avoid hiring women if the law requires mandatory menstrual leave. He also said that such a rule could create a perception that women are “less” capable than men.

According to him, this could lead to a psychological impression among working women that they are considered inferior because of menstruation.

He also warned the petitioner that many employers might change their hiring practices if such legislation were implemented.

The petition had asked the court to ensure that women whether students or employees be allowed leave during menstruation.

However, the Chief Justice stated that such demands could lead to unnecessary fear or negative perceptions. He suggested that some people might use such policies to portray menstruation as something negative or abnormal.

During the hearing, Senior Advocate MR Shamshad referred to an example from Kerala. In 2013, the Kerala government allowed menstrual leave for female students in all state-run universities.

At that time, Chief Minister Pinarayi Vijayan said the move reflected a commitment to building a gender-just society.

The senior advocate also pointed out that several private companies have introduced similar policies. However, the Chief Justice highlighted that these initiatives are voluntary. He stressed that turning such measures into compulsory legal requirements could affect women’s careers.

According to him, employers might refuse to hire women in sectors such as government jobs or the judiciary if they believe such rules create additional obligations.

Earlier this year, the Supreme Court issued an important decision related to menstrual hygiene.

A bench consisting of Justice JB Pardiwala and Justice R Mahadevan recognised menstrual hygiene as an essential part of a girl child’s right to life, dignity, health and education.

The judges stated that governments have a responsibility under Article 21 of the Constitution to protect women’s and girls’ health rights.

The court also directed governments to take specific steps. These included ensuring access to free sanitary napkins, providing functional gender-segregated toilets, and running awareness campaigns on menstrual health.

Although there is no nationwide law mandating menstrual leave, some Indian states have adopted limited policies.

Karnataka recently became the first state to introduce paid menstrual leave for women working in formal sector jobs.

Under the policy, women aged between 18 and 52 employed in both government and private organisations can take one day of menstrual leave each month. The leave cannot be carried forward and does not require a medical certificate.

The policy is estimated to cover around 350,000 to 400,000 women working in the formal sector.

However, it does not apply to approximately six million women working in the informal sector, including domestic workers, daily wage labourers and gig workers. Experts have suggested that such policies should also include these groups.

Other states already offer limited menstrual leave provisions. In Bihar and Odisha, women government employees are allowed two days of menstrual leave every month. Meanwhile, Kerala provides menstrual leave for staff in universities and industrial training institutes.

Several private companies in India have also introduced menstrual leave policies in recent years. Zomato began offering menstrual leave to its female employees in 2020. Following that example, Surat-based digital marketing company iVIPANAN announced a policy in 2020 allowing women employees to take 12 days of period leave each year.

Swiggy introduced a two-day menstrual break for women employees in 2021. In the same year, BYJU’S also started providing one menstrual leave every month to female staff. In December 2022, Orient Electric, a unit of the CK Birla Group, implemented a similar policy.

In 2023, AU Small Finance Bank adopted a policy allowing women employees to take one day of menstrual leave. Other organisations have taken similar steps. Hyderabad-based consulting start-up IndustryARC allows female employees to take one or two paid days off during menstruation. New Delhi-based feminine hygiene products company Wet & Dry Personal Care also permits women employees to take two days of leave during their menstrual cycles.

Overall, the debate around menstrual leave continues in India, balancing workplace equality concerns with efforts to recognise menstrual health needs.