Paid menstrual pain leave may cost women their careers, Supreme Court apprehends

Supreme Court warns that mandatory paid menstrual leave could harm women's careers while supporting voluntary initiatives for menstrual pain relief.

The Supreme Court on Friday (March 13, 2026) expressed apprehensions that a law making paid leave during  menstrual pain compulsory may damage the careers of young women and deprive them of equal opportunities.

“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. Nobody may give them big responsibilities. In judicial services, people may not assign trials to them,” Chief Justice of India Surya Kant, heading a Bench comprising Justice Joymalya Bagchi, voiced doubts.

The Court, at the same time, encouraged “voluntary” initiatives in this regard by States like Odisha, Karnataka and Kerala, which gives leave to students in State-run universities and institutions up to 60 days’ leave annually for menstrual pain, and private entities.

Chief Justice Kant distinguished between creating a legally enforceable statutory right and a spontaneous act or policy from employers towards their women employees.

The Court was hearing a petition filed by advocate Shailendra Mani Tripathi seeking a direction to the  government to enact a uniform law for paid menstrual pain leave to working women and students in consonance with their fundamental right to dignity under Article 21 of the Constitution. Mr. Tripathi said a judicial order was necessary to fill up this legal vacuum in the  Maternity Benefit Act, 1961.

Mr. Tripathi said various private entities and NLIU Bhopal and MNLU Aurangabad had implemented menstrual leave policies. Punjab University has also approved and granted menstrual leave to the students,” Mr. Tripathi submitted.