Supreme Court Declines PIL Seeking Nationwide Menstrual Leave Policy

New Delhi, March 13, 2026: The Supreme Court on Friday refused to entertain a public interest litigation (PIL)seeking a nationwide policy granting menstrual leave for women students and workers. The bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, observed that making such leave mandatory could unintentionally reinforce gender stereotypes and discourage employers from hiring women.

The Court noted that while menstrual leave is an affirmative right, mandating it through legislation could have unintended social and professional consequences. “Voluntarily given is excellent. The moment you say it is compulsory in law, nobody will give them jobs,” the Chief Justice said, cautioning that mandatory leave could impact career opportunities for women in government, judiciary, and private sectors.

The PIL, filed by Shailendra Mani Tripathi, was disposed of with directions that the competent authorities may consider the representation and examine the possibility of framing a menstrual leave policy after consulting relevant stakeholders.

During the hearing, senior advocate M. R. Shamshad highlighted that several states and private institutions, including Kerala, have already introduced voluntary menstrual leave provisions in schools and workplaces. The bench welcomed such voluntary measures but reiterated that they should not be imposed through legislation.

The Court emphasized that repeated approaches seeking a mandamus were unnecessary since the petitioner had already submitted the representation to the relevant authorities.