The Supreme Court on Friday refused to take up a PIL seeking a nationwide policy providing menstrual leave for women students and workers.
While hearing the PIL filed by Shailendra Mani Tripathi, the top court observed that no one would give women jobs in such a scenario and that such a provision would unintentionally reinforce gender stereotypes.
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi said it would be "excellent" if private companies granted these leaves voluntarily.
The Bench pointed out that making the menstrual leave compulsory would hurt women's careers.
"The moment you say compulsory in law, nobody will give them jobs, nobody will take them in judiciary or govt jobs, their career is over....they will say- you should sit at home after informing everyone,” the CJI Kant was quoted as saying by LiveLaw.
The bench also highlighted the potential impact of such measures on workplace perceptions and the professional growth of women.
While appearing for the petitioner, senior advocate M.R. Shamshad, said that certain states and institutions have already taken steps to allow menstrual leave.
By citing Kerala as an example, Shamshad pointed out that several private companies have voluntarily provided such leave to employees.
Kerala has become the first state in India to grant leave to students in all state-run higher education institutions.
While responding to the petitioner, CJI said that if voluntarily given, it is excellent.
The CJI also pointed out that the pleas seeking such leaves to be made legal would create fear and call women "inferior".