Chief Justice of India Surya Kant on Friday expressed concerns that making menstrual leave mandatory for women could unintentionally harm their employment prospects, stating that some employers might hesitate to hire women if such a law were enforced.
The observation came during a hearing in the Supreme Court of India on a petition filed by advocate Shailendra Mani Tripathi. The plea sought directions for state governments to frame rules that would grant paid menstrual leave to women, including both students and working professionals.
Court Raises Concerns Over Mandatory Law
During the hearing, the Chief Justice highlighted that while awareness around menstrual health is necessary, introducing a mandatory law could create unintended consequences in the labour market.
“The moment you bring in a law mandating menstrual leave, nobody will hire them. You don’t know the mindset of employers,” he observed, pointing to possible biases among hiring authorities.
Justice Joymalya Bagchi, who was also part of the bench, echoed similar concerns. He noted that in practical terms, some employers might view such legal requirements as increasing operational challenges and therefore become reluctant to recruit women employees.
Need To Balance Welfare And Employment
The bench emphasised that although affirmative measures for women are constitutionally recognised, policymakers must carefully consider how such initiatives may affect women’s participation in the workforce.
According to the judges, laws designed to support women should not unintentionally create barriers that reduce employment opportunities.
Voluntary Policies Seen As Better Option
Chief Justice Surya Kant clarified that voluntary workplace policies offering menstrual leave are different from legally mandated provisions. Companies that choose to adopt such measures can do so without the risk of discouraging employers from hiring women.
The court indicated that awareness, sensitisation, and supportive workplace policies may be more effective than compulsory legislation.
Earlier Supreme Court Observations
Earlier in January, the Supreme Court of India recognised menstrual hygiene as an essential aspect of the rights of girls and women. The court observed that access to menstrual hygiene is linked to the right to life, dignity, health, and education under Article 21 of the Constitution of India.
The matter highlights the continuing debate over how best to promote menstrual health and gender equality while also ensuring fair employment opportunities for women across sectors.
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Mandatory Menstrual Leave May Affect Women’s Employment Opportunities, Says CJI Surya Kant
Chief Justice of India Surya Kant on Friday expressed concerns that making menstrual leave mandatory for women could unintentionally harm their employment prospects, stating that some employers might hesitate to hire women if such a law were enforced.
The observation came during a hearing in the Supreme Court of India on a petition filed by advocate Shailendra Mani Tripathi. The plea sought directions for state governments to frame rules that would grant paid menstrual leave to women, including both students and working professionals.
Court Raises Concerns Over Mandatory Law
During the hearing, the Chief Justice highlighted that while awareness around menstrual health is necessary, introducing a mandatory law could create unintended consequences in the labour market.
“The moment you bring in a law mandating menstrual leave, nobody will hire them. You don’t know the mindset of employers,” he observed, pointing to possible biases among hiring authorities.
Justice Joymalya Bagchi, who was also part of the bench, echoed similar concerns. He noted that in practical terms, some employers might view such legal requirements as increasing operational challenges and therefore become reluctant to recruit women employees.
Need To Balance Welfare And Employment
The bench emphasised that although affirmative measures for women are constitutionally recognised, policymakers must carefully consider how such initiatives may affect women’s participation in the workforce.
According to the judges, laws designed to support women should not unintentionally create barriers that reduce employment opportunities.
Voluntary Policies Seen As Better Option
Chief Justice Surya Kant clarified that voluntary workplace policies offering menstrual leave are different from legally mandated provisions. Companies that choose to adopt such measures can do so without the risk of discouraging employers from hiring women.
The court indicated that awareness, sensitisation, and supportive workplace policies may be more effective than compulsory legislation.
Earlier Supreme Court Observations
Earlier in January, the Supreme Court of India recognised menstrual hygiene as an essential aspect of the rights of girls and women. The court observed that access to menstrual hygiene is linked to the right to life, dignity, health, and education under Article 21 of the Constitution of India.
The matter highlights the continuing debate over how best to promote menstrual health and gender equality while also ensuring fair employment opportunities for women across sectors.
Author: Mohit Kishore Sahu
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Mandatory Menstrual Leave May Affect Women’s Employment Opportunities, Says CJI Surya Kant
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