Menstruation is not a disability, and therefore, there is no need for mandatory period leaves, said experts, a day after the Supreme Court of India quashed the petition seeking a menstrual leave policy.
The top court expressed concerns that a law making paid leave during menstrual pain compulsory could harm the careers of young women and deprive them of equal opportunities.
While such a policy may look appealing from a “rights perspective,” the court noted it could have “long-term impacts.”
According to the 2025 Periodic Labor Force Survey (PLFS) data released by the Ministry of Statistics and Program Implementation (MoSPI), women’s labor force participation (LFPR) showed significant growth, reaching 35.3 percent in December 2025, driven largely by a consistent rise in rural areas, which peaked at 40.1 percent.
The female worker population ratio (WPR) also increased, reaching a yearly high in December, highlighting greater engagement in the workforce.
However, India’s female participation remains notably lower than the global average of nearly 49 percent and the OECD average of 67 percent, indicating a persistent, though shrinking, gender gap.
In this context, the court observed that a mandatory period leave policy could create the impression that women “still have some natural issues” and “are not at par with male persons.”
“Will an employer be happy if an employee takes leave every month? You risk creating a situation where employers may be reluctant to hire women,” the bench said.