The Supreme Court of India has dismissed a Public Interest Litigation (PIL) seeking mandatory menstrual leave for female employees and students.

A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi cautioned that making such leave mandatory by law could inadvertently discourage employers from hiring women, ultimately harming their professional growth and career prospects.

The bench expressed concern that such a mandate might lead to gender-based discrimination in the workplace. Chief Justice Surya Kant remarked that while voluntary leave policies by companies are commendable, a rigid legal mandate could reinforce the false perception that women are not equal to men and are “incapable” of working during certain times of the month.

The court criticized the nature of the PIL, noting that no aggrieved women had approached the court, and suggested that the government should instead consult with stakeholders to formulate a balanced policy.