Menstrual Leave

Menstrual Leaves Should No Longer Be Up for Debate

The Karnataka government’s proposal to allocate 6 days of menstrual leave per year for women in the public and private sector will reopen debate and discussions on its requirement in the workplace. The absence of National Legislation in India that provides for menstrual leaves to working women is a pivotal indicator of the status accorded to women’s issues and needs in parliament. 77 years after independence, we have three other states- Bihar, Kerala, and Orissa, and a handful of private companies such as Swiggy, Zomato, Magzter, etc, which have taken steps to acknowledge and extend support for this universal biological phenomenon.

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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.

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