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Preetirahghav
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When considering a measure to address a work-related need, care must be taken to ensure that it does not inadvertently reduce the employee’s opportunity to work. This was again made evident on March 13, when a two-judge Bench of the Supreme Court, headed by Chief Justice of India Surya Kant, refused to entertain a petition seeking a law providing menstrual leave for women workers and students. The Court cautioned that mandatory menstrual leave could unintentionally hinder women’s careers and deny them “big responsibilities”. Instead, it encouraged “voluntary” initiatives by States. In Odisha, women government employees up to the age of 55 can take an additional day of leave each month, while Kerala grants menstrual leave to female trainees in ITIs and universities. Karnataka issued an order that entitles women in the public and private sectors up to the age of 52 to a day’s menstrual leave a month, raising concerns whether private establishments might be disincentivised from hiring women. This government order has been challenged in the High Court. Such changes must come with safeguards, and the top court rightly suggested that the government come up with a menstrual leave policy in consultation with stakeholders — as it had done in 2024 as well