&imwidth=800&imheight=600&format=webp&quality=medium "‘Nobody will hire them’: SC turns down plea on menstrual leaves, says move will hamper career of women")
The Supreme Court on Friday rejected a plea seeking menstrual leaves for working women and female students across India and said that if menstrual leaves are made mandatory at workplaces, it would hinder job opportunities for women as firms won’t be willing to hire them anymore. A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi made the observations while refusing to entertain a plea seeking menstrual leaves for female students and working women.
The top court, however, said that it would be “excellent” if private companies granted these leaves voluntarily, but making them compulsory would hurt women’s careers. “The moment you say compulsory in law, nobody will give them jobs, nobody will take them in judiciary or government jobs, their career is over ...they will say - you should sit at home after informing everyone,” the CJI said as quoted by a LiveLaw report.
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“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.”
The Supreme Court also pointed out the likely impact of such measures on workplace perceptions and the professional growth of women.
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“Such a law would also create a psychological fear or impression among working women... that they are less than men,” the Chief Justice opined.
The CJI further said that pleas seeking such leaves to be made legal may have a bad influence.
“They will call women inferior (and say) menstruation is something ‘bad’ happening to them.”
The Supreme Court bench urged the petitioner to think about employers being asked to grant more paid leaves.
The court said that the competent authority may consider the representation and examine the possibility of framing a policy on menstrual leave after consulting all relevant stakeholders.
The plea, reportedly filed by lawyer Shailendra Mani Tripathi, pointed out to the apex court that certain states, like Kerala, have already introduced a relaxation in schools, and so have some private companies for their women employees.
