Overview
- The two-judge bench led by Chief Justice Surya Kant declined to mandate a nationwide menstrual leave law, directing the issue to Parliament, state assemblies and private employers.
- The court cautioned that a compulsory policy could discourage some employers from hiring women and harm career progression.
- India currently has a patchwork of measures: Bihar has offered leave to women government employees since 1992, Kerala granted it to higher-education students in 2023, and Odisha (2024) and Karnataka (2025) expanded policies, with some corporates adopting their own versions.
- Medical experts report that only a minority experience severe symptoms—often linked to treatable conditions such as endometriosis or fibroids—supporting targeted medical care and pragmatic workplace flexibility.
- Implementation evidence remains thin, with commentators proposing one or two days folded into existing leave frameworks, while international examples from Japan, South Korea, Indonesia, Taiwan and Spain show varied, often unpaid, models.