New Delhi: Frowning at an advocate’s repeated attempts through PILs to seek paid two-day monthly menstrual leave for female workers, Supreme Court said Friday that such a move could create a psychological barrier among women that they are inferior to men as they can’t work when they are menstruating.
A bench of CJI Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said, “Please understand the long-term impact of such a move. Affirmative action for women is constitutionally recognised. The more unattractive the human resource, the less is the possibility of consumption in the job market.”
“We can adjudicate it from the rights’ perspective. But look at the perspective of the job model. Will an employer be happy if an employee takes leave every month? You want to create such a situation where employers will be reluctant to give women jobs,” the bench said.
However, it said, “It is for the govt to take a call in framing model policy…”
SC warns petitioner not to pursue issue
On Feb 24, 2023, SC had asked the govt to examine taking a policy decision on this issue after studying the need and the possible fallout of employers getting dissuaded to engage a large female workforce. For petitioner S M Tripathi, senior advocate M R Shamshad said no action has been taken yet despite lapse of nearly three years. Shamshad said Bihar had done it since 1992 and Karnataka has implemented it in schools.
There are some private companies which have voluntarily implemented a menstrual leave policy for female workers. CJI Surya Kant said, “If they do it voluntarily, it is welcome. But the moment it is made compulsory, you do not know how much damage you will cause to their careers. Nobody will give them responsibilities. On the judicial side, day-to-day trials cannot be assigned to them.”
The bench warned petitioner Tripathi of adverse order against him if he approached the court on this issue for a third time. His petitions, raising the same issue, were disposed of twice in Feb 2023 and July 2024. In Feb 2023, Spain had become the first EU country to introduce menstrual or period leave of 3-5 days, salary for which is paid by the govt.
The erstwhile Soviet Union had taken a policy decision to pay female workers who were absent from work because of pain during the menstrual period. Japan had enacted a law in this regard in 1947 and South Korea in 1953.
