Supreme Court's Stance on Menstrual Leave

The Supreme Court of India, led by Chief Justice Surya Kant, refused to entertain a petition for mandatory menstrual leave for women workers and students, highlighting concerns that it could inadvertently limit women's career opportunities and responsibilities.

Voluntary Initiatives and Existing Policies

• Odisha: Women government employees up to age 55 are allowed an additional day of leave each month.
• Kerala: Menstrual leave is granted to female trainees in ITIs and universities.
• Karnataka: An order allows women in public and private sectors up to age 52 a day’s menstrual leave per month, which is under scrutiny in the High Court due to potential hiring disincentives for women.

Concerns and Global Examples

There is concern that mandatory menstrual leave could reinforce biological determinism, negatively impacting women's opportunities, pay, and promotions. In countries with existing policies, enforcement is weak or utilization is low. For instance:

• Spain: Historic legislation in 2023 saw minimal uptake by women a year later.
• Zambia: Reports of misuse of menstrual leave have surfaced.

Context in India

• Female Labour Force Participation: Increased from 23.3% in 2017-18 to 41.7% in 2023-24, mainly due to rural women's participation amidst distress and insecure employment.
• Mandatory menstrual leave could be counterproductive, as many women cannot afford to lose workdays and it may be unenforceable in informal jobs.

Proposed Alternatives

Instead of mandatory leave, providing free sanitary products and medications at workplaces and allowing time off under current leave provisions are recommended. This acknowledges biological realities without introducing additional barriers to women's workforce participation.