This is an archive article published on May 29, 2024
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Sikkim High Court introduces menstrual leave policy for its women employees
The Sikkim High Court, the country's smallest High Court, has three judges and just 9 officers in the registry including one woman officer.
Menstrual leave is not an extra benefit but a corrective lens, a recognition that biology interacts with labour differently for different bodies. (File/Freepik Photo)
In a first-of-its-kind move, the Sikkim High Court has introduced a menstrual leave policy for its women employees in the registry. In a notification on May 27, the Sikkim High Court registry stated that women employees may avail “2-3 days of menstrual leave” in a month.
However, such leave would only be granted on the prior recommendation of the Medical Officer of the High Court. “This leave will not be counted against the employee’s overall leave account,” the notification stated.
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The Sikkim HC, the country’s smallest High Court, has three judges, with just 9 officers in the registry including one woman officer, as per the High Court website.
The Sikkim High Court is the first High Court to introduce a menstrual leave policy. Currently, there is no national policy or law for menstrual leave.
In February 2023, the Supreme Court declined to hear a petition seeking menstrual leave for students and working women in the country, stating that it was in the domain of policy and not for them to decide. The bench led by Chief Justice of India D Y Chandrachud recommended that the petitioner file a representation with the Union Ministry of Women and Child Development instead.
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In December 2023, Minister of Women and Child Development Smriti Irani opposed a menstrual leave policy. Though Irani said she believes “menstruating and menstrual cycle is not a handicap”, she expressed concern that “equal opportunities just because somebody who does not menstruate has a particular view towards menstruation.”
In the same month that year, the Ministry of Health and Family Welfare formulated a draft Menstrual Hygiene policy which stated that work-from-home or support leaves should be available to women so that there is no discrimination against them.
Menstrual leave is not an extra benefit but a corrective lens, a recognition that biology interacts with labour differently for different bodies. (File/Freepik Photo) 
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