'Will Not Hire Women If...': Supreme Court Raises Job Concerns While Hearing Menstrual Leave Plea

New Delhi: While hearing the petition demanding mandatory leave for women during menstruation, the Supreme Court has made an important comment. Chief Justice Surya Kant said that if menstrual leave is made mandatory as a law, it could have an adverse impact on women's employment. The court expressed apprehension that many employers may avoid employing women in such situations, as they will be obliged to provide additional leave.

Can mandatory menstrual leave reduce employment opportunities?

During the hearing, the chief justice said that it is necessary to increase sensitivity and awareness at workplaces, but making any system mandatory as a law is a different matter. He said that as soon as it is made legally binding, many institutions will assess the additional responsibilities before appointing women. The court also said that many employers may avoid hiring women because of this, which may ultimately affect women's employment opportunities.

Will this send a wrong message about women?

The chief justice also expressed concern that such a law could create a psychological perception in society that women are less capable than men. According to her, equality at the workplace will be strengthened only when women are seen with equal capabilities and responsibilities. If special arrangements are made mandatory through law, some people may also present it as a weakness of women.

What is the demand made in the petition?

This petition has been filed on behalf of advocate Shailendra Mani Tripathi. The petition urges the Supreme Court to issue instructions to the central and state governments so that girl students and working women can get special leave during menstruation. The petitioner argues that during this period many women have to face health-related problems, hence they should be given leave for rest.

Has such a provision been implemented anywhere before?

During the hearing, senior advocate M R Shamshad told the court that such a system is already in place at some places. For example, in Kerala, female students of universities were allowed menstrual leave. The state government had called it a step towards creating a more sensitive environment for women.

Will the debate on this issue continue?

Legal experts believe that there is a need for a comprehensive discussion in the country regarding menstrual leave. On one hand there is the question of women's health and comfort, while on the other hand there is also the challenge of maintaining equal opportunities at the workplace. In such a situation, the debate on this topic is likely to continue at the level of government, court and society in the coming times.