Menstrual Leave and Constitutional Equality: Supreme Court’s Refusal to Mandate Leave and the Debate on Gender-Sensitive Workplace Policy
I. Introduction The Supreme Court of India recently declined to mandate a nationwide policy on menstrual leave, observing that such a legal requirement may not necessarily be in the best interest of women in the workforce. The Court dismissed a Public Interest Litigation (PIL) seeking judicial directions for compulsory menstrual leave but emphasised that the Union government should consider developing a policy framework after consulting stakeholders . The decision reflects a complex policy dilemma: while menstrual leave is often framed as a step toward gender-sensitive workplace reform , the Court cautioned that mandatory legal provisions could inadvertently reinforce discriminatory attitudes in hiring and workplace participation. The judgment therefore situates the issue within a broader constitutional debate involving gender equality, workplace rights, state policy obligations, and judicial restraint in socio-economic policymaking . II. Background of the Public Interest Litigation T...