'Nobody will hire women': CJI on making menstrual leave mandatory
India's Chief Justice Surya Kant has cautioned against making menstrual leave mandatory for women.
He said such a law could backfire, warning, "Nobody will hire them (women) . . . You don't know the mindset of employers. They will not hire women if we make such a law."
The comment came during a hearing on whether states should require menstrual leave for students and professionals.
Kant's argument against compulsory leave
Kant argued that compulsory menstrual leave could create 'a psychological fear or impression' among working women that they are 'less' than men, and also cautioned it could lead employers to avoid hiring women and reinforce negative stereotypes about women at work.
He contrasted voluntary measures — including private companies' relaxations and earlier student-leave measures in Kerala — with the idea of making menstrual leave compulsory for all workplaces.
Court ruled on right to menstrual health
While the court dismissed mandatory leave, it recently ruled that menstrual health is part of basic rights under Article 21.
The Supreme Court has directed schools to provide free sanitary pads, gender-segregated toilets, and strengthened menstrual-health awareness and training.