SC Says Menstrual Leave Policy Could Be Counterproductive, Directs Govt Consultation

The Supreme Court on Monday instructed the Union government to develop a model policy on menstrual leave for women employees after consulting with states and other stakeholders.

A bench consisting of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra emphasised that this is a policy matter not requiring judicial intervention.

The bench noted that providing menstrual leave could be counterproductive and have a “detrimental” impact, potentially discouraging companies from hiring women.

The bench also asked the secretary of the Ministry of Women and Child Development to consider the issue and, after discussions with various stakeholders, determine whether a model policy could be formulated.

The court also clarified that states are free to take independent actions on this matter and will not be affected by the Centre's consultation process.