India's Supreme Court on Friday declined to entertain a Public Interest Litigation (PIL) that sought to establish a nationwide policy for paid menstrual leave for students and employees A bench including Chief Justice of India Surya Kant stated that compelling employers to grant such leave could be counterproductive and potentially damage women's career prospects
The court expressed apprehension that a mandatory leave policy could disincentivize employers from hiring women or entrusting them with significant responsibilities Chief Justice Kant suggested that such a mandate might unintentionally reinforce gender stereotypes "The moment you introduce this as a law and make it a compulsory condition, you may not be able to assess the amount of damage you may do to their career," the court observed
Instead of issuing a judicial directive, the bench determined that the issue falls within the domain of government policy It suggested that the petitioner could submit a representation to the relevant government authorities for consideration The court noted that these authorities are best positioned to consult with all stakeholders and frame a comprehensive policy on the matter This decision places the responsibility of creating a national framework for menstrual leave, if any, with the executive branch of government.
ISN MEDIA
