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Mandatory menstrual leave for women might negatively affect their jobs because employers may choose not to employ women if such a law is enacted, stated Chief Justice Surya Kant on Friday. He mentioned that this type of law could also create a mindset among working women that they are somehow inferior to men. The Chief Justice expressed this opinion as the court listened to a request from lawyer Shailendra Mani Tripathi, who wanted states to create rules for menstrual leave. He noted that while raising awareness is important, implementing a law for mandatory menstrual leave might deter employers from hiring women. He cautioned the petitioner, saying that they might not understand how employers think, as they would avoid hiring women if such a law were put in place. The petitioner aimed for the Supreme Court to make sure that women, whether they are students or working individuals, could take leave when they menstruate. However, the Chief Justice responded that such requests are "made to create fear. . . "

"They will label women as inferior and view menstruation as something 'bad' that happens to them. " Senior Advocate MR Shamshad referenced a 2013 decision by the Kerala government to provide menstrual leave for female students in all state universities. Chief Minister Pinarayi Vijayan at that time stated that this move was part of a commitment to building a more gender-equal society. Shamshad further highlighted that some private companies had also put similar allowances in place. Nevertheless, the Chief Justice stressed that these are voluntary actions. "When you declare it 'mandatory by law,' no one will hire them,” he insisted, adding that they wouldn't be found in judicial or government positions. . . their careers would end. Employers would suggest that "you should just stay at home. . . " In January, the Supreme Court issued an important ruling regarding menstrual hygiene, acknowledging it as an essential aspect of a girl child's rights to life, dignity, health, and education.

A panel of Justice JB Pardiwala and Justice R Mahadevan stated that governments have a responsibility under Article 21 of the Constitution to safeguard the health rights of girls and women. The court also mandated that all governments must ensure the availability of free sanitary pads, operational gender-segregated restrooms, and campaigns to raise awareness about menstrual health.