'Nobody Will Hire Women': SC Rejects PIL Seeking Mandatory Menstrual Leave
The Supreme Court of India declined a PIL seeking nationwide mandatory menstrual leave, warning that compulsory leave could reinforce gender stereotypes and harm women’s employment prospects
March 13, 2026 - The Supreme Court of India on Friday (March 13) turned down a Public Interest Litigation (PIL) that asked the Court to direct States for a nationwide policy for paid menstrual leave. The Court declined to mandate menstrual leave across India warning that making such leave compulsory could reinforce gender stereotypes and might even harm women’s employment prospects.
A two-member Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi were hearing a PIL by lawyer Shailendra Mani Tripathi who wanted the Court to ensure that women, whether students or working professionals, are allowed leave during menstruation.
According to the Court, issues like menstrual leave should be decided by governments and legislatures, not imposed directly by the judiciary.
The CJI cautioned that such a rule could “create a psychological fear or impression among working women... that they are 'less' than men”.
"Voluntarily they are giving, then it is excellent. That is a very good thing. But the moment you introduce it as a compulsory condition in law, you do not know the damage it will do to the career of women. Nobody will give them responsibilities, even in judicial services, a normal trial will not be assigned to them," CJI Kant said.
The Bench observed that the competent authority may review the possibility of framing such a policy on menstrual leave after consultation with all relevant stakeholders.
In January 2026, the Supreme Court had issued a separate landmark judgment holding that menstrual health and hygiene are part of the fundamental right to life (Article 21). A Bench of Justice JB Pardiwala and Justice R Mahadevan had asked governments to ensure sanitary pads, proper toilets, waste disposal and menstrual health facilities in schools.
Currently in India, there is no national law mandating menstrual leave although some States like Karnataka, Bihar, Odisha and Kerala do have menstrual leave policy with variations.
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