‘In judiciary, no one will give women long trials’: Supreme Court pulls up petitioner over mandatory menstrual leave policy

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi disposed of the writ petition for menstrual leave for women.

The bench went on to remark that while it was in complete agreement with the petitioner on the point of affirmative action always being constitutionally recognised with respect to women, the practical reality was completely different.

‘No one will give them longer trials’

• “Look at the practical reality in the job market. The more unattractive the human resource, the less is the possibility of consumption in the market….We’ll see it from the rights regime, but look at it from the business model. Will an employer be happy with the competing claims of other genders?” the court said.
• The top court said the moment a menstrual leave policy was introduced as a compulsory condition, it could do much damage to women’s careers.
• “Nobody will take them in big responsibility. In judicial services, people will not assign longer trials even to them,” the bench said.
• The bench further said, “Why become the proponents and spokespersons for a community who themselves have not come before us?”
• The bench was hearing a public interest litigation (PIL) filed by Shailendra Mani Tripathi.
• Senior advocate M R Shamshad, appearing for the petitioner, pointed out that certain states and institutions have already taken steps to accommodate menstrual leave.
• He cited the example of Kerala, where relaxation has been introduced in schools, and added that several private companies have voluntarily provided such leave to employees.
• The bench disposed of the PIL, directing the competent authorities to decide the issue in the light of its previous directions.