Dikhyaa Mohanty 
Despite being the smallest in the nation, the Sikkim High Court is gaining attention due to a unique ruling. It has established a menstrual leave policy for its female staff, making it the first high court in the nation to do so. The Sikkim High Court registry announced on May 27 that female employees are eligible to take “2-3 days of menstrual leave” per month, if the high court’s Medical Officer recommends it.
“Women employees in the High Court Registry may henceforth avail menstrual leave of 2-3 days in a month, provided they approach the Medical Officer attached to the High Court first and obtain the latter’s recommendation for such leave,” the notification said.
According to its website, the Sikkim High Court now has three judges and nine officers listed, including one woman officer. Menstrual leave is not covered by any national policy or legislation in India. In February 2023, a Supreme Court bench led by Chief Justice of India DY Chandrachud declined to hear a case demanding menstruation leave for working women and students. The court reasoned that policy was the appropriate body to rule on the topic. The petitioner should submit a representation request with the Union Ministry of Women & Child Development, the top court advised.
Menstrual leave proposal was challenged by Minister of Women & Child Development Smriti Irani in December. In order to ensure that women are not subjected to discrimination, the Ministry of Health & Family Welfare developed a draft Menstrual Hygiene policy that suggested allowing women to take support leaves or work from home.
