'Nobody Will Hire Women': Supreme Court Turns Down Plea On Menstrual Leaves

Mandatory menstrual leave for women could 'adversely impact (their) employment' because employers 'will not hire women if we make such a law', Chief Justice Surya Kant said Friday.

Such a law would also 'create a psychological fear or impression among working women... that they are 'less' than men', the Chief Justice argued this morning as the court heard a petition by a lawyer, Shailendra Mani Tripathi, seeking direction to states to frame menstrual leave rules.

"Creating awareness and sensitisation is different... but the moment you bring in a law mandating menstrual leave, nobody will hire them (women)," he said, warning the petitioner, "You don't know the mindset of employers. They will not hire women if we make such a law."

Specifically, the petitioner wanted the Supreme Court to ensure that women, whether students or working professionals, are allowed leave during menstruation. But such pleas, the Chief Justice declared, are "made to create fear..."

"They will call women inferior (and say) menstruation is something 'bad' happening to them."

Senior Advocate MR Shamshad pointed out that in 2013 the Kerala government had granted menstrual leave for women students in all state-run universities. Chief Minister Pinarayi Vijayan had then said the decision was part of a "commitment to realising a gender-just society".

Shamshad also pointed out private companies made similar relaxations.

The Chief Justice, though, pointed out that these are voluntary measures. "The moment you say 'compulsory in law', nobody will give them jobs," he stressed, "Nobody will take them in judiciary or government jobs... their career is over. They will say 'you should sit at home...'"

In January the Supreme Court made a critical ruling on menstrual hygiene, recognising it as an 'integral part of a girl child's right to life, dignity, health, and education'.

A bench of Justice JB Pardiwala and Justice R Mahadevan said governments bear a positive obligation, under Article 21 of the Constitution, to protect girls' and women's right to health

The court also issued mandatory directions to all governments to ensure free sanitary napkins, functional gender-segregated toilets, and menstrual health awareness campaigns.