The Supreme Court emphasized today that mandating menstrual leave for women could potentially lead to their exclusion from the workforce, asserting that this issue falls outside the purview of judicial review.

Chief Justice of India DY Chandrachud, hearing a Public Interest Litigation (PIL) seeking directives to the Centre and states on menstrual leave policies, cautioned against mandating such leaves. He expressed concern that requiring menstrual leave could potentially lead to women being marginalized in the workforce, emphasizing that measures intended to protect women should not inadvertently disadvantage them.

"This is actually a government policy aspect and not for the courts to look into," the court said.

The court highlighted that the issue encompasses various policy dimensions and concluded that judicial intervention was unnecessary. It allowed the petitioner to approach the Secretary in the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati. The court requested the Secretary to address the matter at the policy level, consulting all stakeholders, and explore the feasibility of developing a model policy on menstrual leave.

The court clarified that its decision would not hinder any state government from taking initiatives in this regard. This stance echoes a similar position taken in February this year when a petition sought directives for all states to establish rules regarding menstrual pain leave for women students and employees. At that time as well, the court underscored that such matters belong to the realm of law makers.

Currently, Bihar and Kerala are the only two states in the country that have a provision for menstrual leave. While Bihar has a two-day leave policy for women employees, Kerala has a provision for a three-day period leave for women students.