New Delhi: The Supreme Court has directed the government of India to create a model policy on menstrual leave for women employees after consulting with states and stakeholders.
Chief Justice D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, stated that this issue is a policy matter, not a judicial one.
They warned that court-mandated menstrual leave might deter employers from hiring women, which could be counterproductive.
The petitioner noted a representation was submitted to the Centre in May 2023, but no decision has been made. The court allowed the petitioner’s lawyers to approach the Ministry of Women and Child Development for further action.
The court clarified that the Centre’s consultation should not hinder states from taking their own measures.
Previously, the court had dismissed a plea seeking menstrual pain leave for women students and workers, suggesting it was a matter for policy representation to the government of India.
