India's Supreme Court Dismisses Petition for Menstrual Leave... What's the Reason?

"Disadvantages Such as Shrinking Female Employment"
Adopted by Some State Governments and Major Corporations

The Supreme Court of India has dismissed a petition calling for the nationwide introduction of menstrual leave for women.

According to the BBC on March 16 (local time), the Supreme Court of India made this decision during a recent hearing on the petition, explaining, "Menstrual leave would be detrimental to the advancement of women."

The Supreme Court stated, "Allowing menstrual leave might cause young women to perceive themselves as unequal to their male colleagues," and argued, "Women’s employment would shrink as private sector employers may hesitate to hire women." The Court added, "The federal government can establish a menstrual leave policy after consulting with all stakeholders." Previously, attorney Shailendra Tripathi filed a petition urging the Indian federal government to introduce a policy that would grant working women nationwide two to three days off per month to ease the difficulties associated with menstruation.

This Supreme Court decision has reignited the long-standing debate in India over the introduction of menstrual leave. Opponents claim that granting additional leave to women constitutes discrimination against male workers. On the other hand, supporters argue that "many countries, including Korea, Japan, Indonesia, and Spain, have implemented menstrual leave" and that "research has shown menstrual leave is beneficial for women."

Despite the controversy, some state governments and large companies in India are gradually expanding the adoption of menstrual leave. To date, there is no law mandating menstrual leave nationwide in India. However, there are regulations that could serve as a basis for implementing menstrual leave, such as those ensuring safe working conditions for women.

Currently, some state governments implement limited menstrual leave programs. In the northeastern state of Bihar and the eastern state of Odisha, the government grants two days of menstrual leave per month, but only to public sector employees. In the southern state of Kerala, menstrual leave is allowed only for employees of universities and research institutes.

Earlier this year, some major corporations also joined in the introduction of menstrual leave. CEAT, a tire manufacturing subsidiary of the RPG Group, announced that it has implemented a policy granting two days of menstrual leave per month.

Regarding the Supreme Court’s decision, Sukriti Chauhan, a public health expert and attorney, told the BBC, "This once again reflects the taboo surrounding menstruation in Indian society," adding, "Providing menstrual leave would not only improve women’s health and well-being, but also enhance productivity and efficiency in the workplace."

This content was produced with the assistance of AI translation services.