Mandatory menstrual leave could hurt women’s careers: Apex Court, Pg7

Key Highlights

• A Supreme Court bench led by CJI Surya Kant and Justice Joymalya Bagchi ruled that mandatory menstrual leave could act as a deterrent for employers in the private sector.
• The Court noted that voluntary leave provided by organizations is a positive step, but codifying it into law risks creating a "practical reality" where women are viewed as "unattractive human resources."
• The bench expressed concern that such a policy might reinforce stereotypes that women are "not at par" with men due to natural biological processes.
• The petitioner, Shailendra Mani Tripathi, was directed to let the government handle the policy-making process in consultation with all stakeholders.
• States like Bihar, Karnataka, and Odisha already have existing menstrual leave policies, while Kerala has implemented them in schools.

Detailed Insights

• The "Business Model" Concern: Justice Bagchi highlighted that in a competitive job market, employers look at the efficiency of human resources. Making a 2-day monthly leave compulsory might lead businesses to prefer other genders to avoid "competing claims."
• Career Progression Risks: The CJI warned that if such a law existed, women might be denied critical responsibilities. He cited the example of the judiciary, suggesting that female judges might not be assigned long or complex trials if a mandatory leave policy was in place.
• Question of Locus Standi: The Court initially questioned why a male petitioner was approaching the court on this issue rather than women themselves, suggesting the petition might inadvertently project a "handicap" narrative.
• Judicial Restraint: The bench stated it is difficult for the court to "wade into" the government's reasoning for not yet having a national policy. It emphasized that "model policy" framing is an executive function, not a judicial one.
• Model Policy Mandate: Despite dismissing the petition for a "positive mandamus" (a direct order to act), the Court directed the government to consider its previous observations from 2023 and 2024 to frame a comprehensive model policy.

Key Concepts Involved

• Affirmative Action: Policy measures designed to support members of a disadvantaged group (in this case, women) to achieve equality.
• Locus Standi: The right or capacity of a party to bring an action or to appear in a court.
• Positive Mandamus: A judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do.
• Gender Neutrality in Hiring: The principle of recruiting employees based on merit without any bias toward a specific gender, which the Court fears might be compromised by mandatory leave laws.