Sikkim High Court introduces menstrual leave policy for women
What's the story
The Sikkim High Court has introduced a menstrual leave policy for its female staff in the registry.
As per a notification issued on May 27, women employees are now entitled to "2-3 days of menstrual leave" each month.
However, such leave is contingent upon the prior recommendation of the high court's medical officer, it stated.
"This leave will not be counted against the employee's overall leave account," the notification read.
First of its kind
Sikkim High Court has 3 judges
The Sikkim High Court, known as the smallest high court in India, consists of three judges and nine officers in the registry, including one woman officer.
This introduction of a menstrual leave policy makes it as the first high court in India to do so.
Currently, there is no national policy or law regarding menstrual leave in place across the country.
Jurisdiction issue
SC declines petition for nationwide menstrual leave
In February 2023, the Supreme Court declined to consider a petition advocating for menstrual leave for students and working women nationwide.
The bench, led by Chief Justice of India DY Chandrachud, stated that this issue fell within the realm of policy-making and was not within their jurisdiction to decide.
They suggested that the petitioner approach the Union Ministry of Women and Child Development instead.
Potential discrimination
Minister expresses opposition to menstrual leave policy
When the matter reached the Minister of Women and Child Development in December 2023, Smriti Irani expressed her opposition, calling it "a natural part of women's life journey."
While acknowledging that menstruation is not a handicap, Irani voiced concerns about potential discrimination stemming from differing views toward menstruation among those who do not menstruate.
In the same month, the Ministry of Health and Family Welfare proposed a draft Menstrual Hygiene policy suggesting work-from-home options or support leaves for women.