The Supreme Court on Friday refused to entertain a public interest litigation (PIL) seeking paid menstrual leave for women across all establishments. [Shailendra Mani Tripathi v. Ministry of Women and Health]

Chief Justice of India (CJI) Surya Kant cautioned that if such a petition were entertained, companies will be skeptical in hiring women and it would ultimately work against women rather than for them.

"The moment it is introduced as a compulsory condition, you do not know the amount of damage you are going to do their (women employees') career. Nobody will give them big responsibility. Even in judicial service, they will not be assigned longer trials," CJI Kant remarked.

The Bench, also comprising Justice Joymalya Bagchi, called the petition a "deeply rooted, designed PIL" and said that the petitioner was "not a bona fide petitioner." The Court observed that petitions of this kind only create the impression that women "still have some natural issues" and "are not at par with male persons."

The Chief Justice further pointed out that no woman had approached the Court seeking this relief and that the petitioner himself had no personal grievance.

Justice Bagchi said that the matter was "within the domain of parliament," noting that if parliament has not acted on the issue, "there must be a reason."

Senior Advocate MR Shamsad, appearing for the petitioner, submitted that Karnataka remains the only State to have framed a menstrual leave policy.

The Court directed the Central government to consider his representation for modelling a policy in consultation with all stakeholders, in terms of prior court orders from February 2023 and July 2024.

On February 24, 2023, a Supreme Court bench led by then CJI DY Chandrachud had dismissed a PIL by Tripathi seeking mandatory paid menstrual leave for students and employees, stating that it is a policy matter for the government to consider. The Court noted such a mandate could deter companies from hiring women.