New Delhi: Supreme Court Chief Justice Surya Kant said that employers will not hire women if we make such a law. Mandatory menstrual leave for women could adversely impact (their) employment because employers will not hire women if we make such a law, he added.

Such a law would also create a psychological fear or impression among working women that they are less than men. CJI argued on Friday morning on a Petition seeking direction to States to frame paid menstrual leave rules filed by a lawyer, Shailendra Mani Tripathi. Creating awareness and sensitization is different, but the moment you bring in a law mandating menstrual leave, nobody will hire them (women), CJI said. You don’t know the mindset of employers. They will not hire women if we make such a law, CJI warned the Petitioner.

Affirmative action in respect of females is constitutionally recognized. But look at the practical reality in the job market. The more unattractive the human resource, the less is the possibility of assumption in the market. Look at from the business model. Will any employer be happy with the competing claims of other genders? Justice Joymalya Bagchi said.

The Petitioner specifically wanted the Supreme Court to ensure that women, whether students or working professionals, are allowed leave during menstruation. But such pleas are made to create fear, he added.

They will call women inferior (and say) menstruation is something bad happening to them.

Senior Advocate MR Shamshad pointed out that in 2013 the Kerala Government had granted menstrual leave for women students in all State-run universities. Kerala CM Pinarayi Vijayan had then said the decision was part of a commitment to realising a gender-just society. He also pointed out private companies made similar relaxations.

The Chief Justice pointed out that these are voluntary measures. The moment you say compulsory in law, nobody will give them jobs, he stressed. Nobody will take them in judiciary or government jobs their career is over. They will say you should sit at home, he added.

In January the Supreme Court made a critical ruling on menstrual hygiene, recognizing it as an integral part of a girl child’s right to life, dignity, health, and education. A bench of Justice JB Pardiwala and Justice R Mahadevan said Governments bear a positive obligation, under Article 21 of the Constitution, to protect girls’ and women’s right to health

The Court also issued mandatory directions to all Governments to ensure free sanitary napkins, functional gender-segregated toilets, and menstrual health awareness campaigns.