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Domestic policy rejection

India Supreme Court Rejects Menstrual Leave

Analysis based on 9 articles · First reported Mar 13, 2026 · Last updated Mar 13, 2026

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The India — Supreme Court of India's decision not to mandate menstrual leave avoids potential negative impacts on women's employment opportunities and hiring practices, which could have affected labor market dynamics. While voluntary policies are welcomed, the ruling prevents a compulsory measure that might have deterred employers from hiring women, thus maintaining the current employment landscape.

Human Resources Government Education

The India — Supreme Court of India refused to entertain a Public Interest Litigation (PIL) seeking a uniform national policy for menstrual leave for women students and working professionals. The bench, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, expressed concerns that mandating such a benefit could unintentionally reinforce gender stereotypes and deter employers from hiring women. While acknowledging that some states like India — Kerala, India — Karnataka, and India — Odisha, and private organizations have voluntarily implemented menstrual leave, the court cautioned against legal compulsion, stating it could negatively impact women's career prospects. The PIL, filed by Shailendra Mani Tripathi, was disposed of with a direction to competent authorities to evaluate the proposal in consultation with all stakeholders.

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Shailendra Mani Tripathi filed the Public Interest Litigation (PIL) seeking a nationwide menstrual leave policy, which was ultimately rejected by the India — Supreme Court of India.
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M. R. Shamshad, as counsel for Shailendra Mani Tripathi, argued for the implementation of a nationwide menstrual leave policy, citing examples of existing voluntary policies.
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Joymalya Bagchi colleague Surya Kant Justice Joymalya Bagchi serves as a puisne judge on the Supreme Court of India under the leadership of Chief Justice Sur
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