Steering the ‘Menstrual Leave Policy’ Debate in a Legal Direction
The long-standing debate regarding menstrual leave policy (hereinafter referred to as ‘the policy’) has erupted once again since the Supreme Court dismissed a petition seeking menstrual leave, on 8th July 2024. A three-judge bench consisting of CJI DY Chandrachud and Justices J.B. Pardiwala and Manoj Mishra stated that the court cannot take up policy matters that fall clearly within the executive’s domain and in turn, directed the government to frame a policy for the same. A concern flagged by CJI DY Chandrachud while dismissing the petition revolves around gender representation as it is feared that recruiters will have lesser preferences for women due to the ‘paid leave’ factor.