'Nobody will hire women': SC rejects PIL on menstrual leaves
What's the story
The Supreme Court has rejected a public interest litigation seeking a nationwide menstrual leave policy for women students and workers. The court said such a law could lead to women being seen as inferior and unintentionally reinforce gender stereotypes. "These pleas are made to...call women inferior, that menstruation is something bad happening to them..this is an affirmative right...but think about the employer who needs to give paid leave," a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said.
Career concerns
'Nobody will take them in judiciary or government jobs'
The court also stressed that making menstrual leave mandatory could have a negative impact on women's career prospects. "Nobody will take them in the judiciary or government jobs; their career will be over. They will say you should sit at home after informing everyone," Chief Justice Kant said. The bench also emphasized that such measures could affect workplace perceptions and professional growth of women.
Policy examples
Kerala provides menstrual leave to women students: PIL
The PIL was filed by Shailendra Mani Tripathi. Senior Advocate MR Shamshad, appearing for the petitioner, cited Kerala's example, where menstrual leave is given to women students in state-run universities. Senior Advocate Shamshad also mentioned that some private companies have adopted similar measures voluntarily. Responding to this, the CJI said while voluntary policies were welcome, such provisions should not be made mandatory through law.
Policy consideration
Supreme Court's recent recognition of menstrual hygiene rights
"Voluntarily given is excellent. The moment you say it is compulsory in law, nobody will give them jobs," the CJI said. The PIL was thus dismissed, with instructions to the authorities to take an appropriate decision on the representation. This decision comes after a recent ruling by the Supreme Court recognizing menstrual hygiene as part of a girl child's right to life, dignity, health and education under Article 21 of the Constitution.