Published On: October 11th 2025
Authored By: Bipasha Sinha
Babu Banarasi Das University, Lucknow
ABSTRACT
Menstruation is naturally occurring biological process experienced by all women and yet it continues to be shrouded in silence. In India, this topic is considered impure and is surrounded by stigmas and taboos. Menstruation is often accompanied by physical and psychological distress but the sufferings of women are trivialized, compelling them to work through the pain. This paper critically analyses the fragmented stance of India on menstrual leave policy and highlights the need for a uniform central law. Comparative insights of global jurisdictions have been drawn like Japan, Indonesia, Taiwan, Zambia, South Korea and Spain, that have progressive menstrual leave policies in place. This article establishes that menstrual leave policy aligns with the constitutional promises guaranteed under Article 14, 21 and 15(3). It further argues that menstrual leave is not just a legal necessity but also a social necessity to ensure equality and dignity. Lastly it calls for legislative reforms as menstrual leave policy is crucial in the advancement of social justice and gender equality.
Introduction : Menstruation as a Legal and Human Rights Imperative
Menstruation, also known as menses, menstrual cycle and periods, is a natural and recurring biological process unique to women in which the uterine lining sheds every month and is accompanied by hormonal changes that regulate fertility. Menstruation is not uniform to all women, while some women experience mild discomfort, others owing to hormonal imbalances might experience severe abdominal cramps, nausea, fatigue, back pains, dysmenorrhea and PCOS (Polycystic Ovarian Syndrome) which intensifies the suffering. Alongside physical distress women also suffer from mood swings, anxiety, irritability and reduced concentration which affects their productivity, efficiency and mental health. According to a research, 30.1% of women reported abundant blood loss and 66.8% had dysmenorrhea[1]. Therefore, while natural, menstruation is far from effortless and is accompanied by both physical and psychological struggles.
These struggles directly affect workplace participation. Yet despite being a natural phenomenon, the topic of menstruation in India continues to be enveloped in silence and stigma. The sufferings accompanying menstruation continue to be trivialized in social, professional and even legal spheres. Women are compelled to work under these conditions and normalize this suffering under the societal expectation of, ‘working through pain’. This expectation not only ignores biological reality and the challenges that come with menstruation but also disregards the right to dignity and thus women continue to suffer in silence to meet societal and workplace expectations. This silence underscores the gender insensitivity in labour laws and workplace policies.
Menstrual leave is an essential to achieve true equality, as workplace equality cannot mean similar treatment for all but must account for unique biological barriers faced by women and make reasonable accommodations. India however has taken a fragmented stance on menstrual leave policy, while some states and corporations have mandated menstrual leave, there is no uniform central law governing menstrual leave policy. This showcases a gap between constitutional promises and their practical implementation.
Thus, a uniform menstrual leave policy is needed to safeguard the wellbeing and bodily integrity of women and enhance productivity in the workplace.
India’s Current Stance: A Fragmented Approach
India’s response to menstrual leave has been inconsistent and fragmented. Recognition has been left to state governments and private corporations with no central legislation in place. This reflects both progression and restraint.
- State-Level Policies
Bihar (1992) [2]: Bihar was the first Indian State to grant two days of paid menstrual leave every month to female employees.
Kerala (2023) [3]: Kerala mandated menstrual leave to female students in all state universities.
Odisha (2024) [4]: Odisha announced 1 day of menstrual leave per month for female employees.
These State measures though progressive underscore the need for a uniform central legislation governing menstrual leave policies across public and private institutions.
- Failed Legislative Attempts
Multiple attempts to introduce Menstrual leave policies in Parliament have been unsuccessful:
Menstruation Benefit Bill 2017[5]
The Menstrual Benefit Bill, 2017 was first introduced by Shri Ninong Ering, Member of Parliament, before the Lok Sabha to facilitate women with certain menstrual benefits at workplaces or in institutions of education. The same bill was introduced again on the first day of the Budget Session of 2022 before the Arunachal Pradesh Legislative Assembly which was dismissed by the Legislative Assembly as it deemed it to be an ‘unclean’ topic.
The Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022.[6]
The Bill provided for 3 days paid leave for working women and trans women. It also mandated a 3 day leave for female students. It was introduced as a private member’s Bill by Hibi Eben. The Bill was not taken up for discussion showcasing a lack of political will on this issue.
The reluctance of Indian Legislation in tackling issues related to menstrual leave highlights its dismissal as a private issue rather than a public concern.
- Judicial and Government Position
The Minister of Women and Child Development Annapurna Devi,[7] in her response to questions in Lok Sabha regarding provisions of menstrual leave stated that, at present, there is no proposal under consideration of the Government to make provision for paid menstrual leave mandatory for all workplaces.
In 2023, in Shailendra Mani Tripathi v Union of India[8], the Supreme Court dismissed a Public Interest Litigation ( PIL) advocating for the introduction of menstrual pain breaks or period leave for female students and women employees across India. The bench observed that this was an issue related to policy and was not an issue for the courts to look into. Moreover, such a decision from a court on granting such leave to women may prove to be counterproductive and “detrimental” to the cause as employers may avoid employing them.
- Corporate Policies
Some private corporations have implemented menstrual leave as part of their gender-sensitive policies.
Zomato offers menstrual leave of up to 10 days per year [9]for all women employees (including transgenders) with 1 period leave for each menstrual cycle.
Swiggy introduced a “no questions asked” paid two days off monthly time off [10]policy for all its female delivery partners during their menstrual cycle.
Similarly other corporations such as Byju’s, Larsen and Toubro and Gozoop also offer menstrual leave to its female employees.
The Absence of Uniformity: Why Menstruation stays outside Central Legislation
The absence of Central Law on Menstrual leave is due to multiple reasons. Critics argue that it may enforce stereotypes and portray women as weaker, less efficient, less productive and less reliable workers causing discrimination against women in the workplace. Secondly, the private sector worries about economic costs and absenteeism may generate hiring biases against women. Thirdly the social stigma and taboo surrounding the topic of menstruation make it an uncomfortable subject for open debate. Lastly, the lack of political will in treating menstrual leave as a public concern rather than private burden has resulted in scattered state and corporate policies rather than a uniform law.
International Precedents : Global Footprints of Menstrual Leave Policy
Japan was the first country to recognise menstrual leave and introduced it through a statute dating back to 1947 which requires an employer to allow a woman employee to take leave during their menstrual cycle upon request. Taking inspiration from Japan, several nations adopted similar provisions. In Indonesia, female workers experiencing menstrual pain can inform their employers and accordingly are entitled to take the first two days off. South Korea, as per employee’s request, grants them one day of paid menstrual leave per month. Taiwan provides up to three days of menstrual leave annually ( with a limit of 1 leave in a month). Zambia entitles women employees to one day of menstrual leave each month. More recently, Spain has become the first European nation to introduce menstrual leave as part of its legal regime where female employees can avail 3 to 5 days’ leave due to menstrual pain, upon producing a doctor’s note.[11]
From Formal to Substantive Equality: A Constitutional Lens on Menstrual Leave
The recognition of menstrual leave for women is not simply a matter of progressive legislation or workplace policy, rather it finds its roots in the Constitutional vision of equality, dignity and social justice. It aligns Article 14, 21 and 15(3) of the Indian Constitution.
Article 14 [12]guarantees equality before law and equal protection of law. However Indian Jurisprudence has long since expanded the notion of equality to include substantive equality. Substantive Equality recognizes differences and seeks to address them through fair accommodation. Menstruation is a biological issue unique to women and is accompanied by severe cramps, fatigue and other mental and physical complications. Thus, Menstrual leave is needed, as it is not just a privilege but it aligns with the idea of equality by fair accommodation to women.
Article 21 [13]guarantees the right to life and liberty but it’s ambit has been expanded to include the right to health, dignity and humane working conditions. Menstruation is not just an inconvenience but for some women it may also include conditions like dysmenorrhea, endometriosis and psychological distress. Forcing women to work under such conditions violates their dignity and right to health. The recognition of menstrual leave aligns with the constitutional rights mandated under Article 21.
Article 15(3) [14]authorizes the State to make special provisions for women and children. This provision enables the State to take affirmative actions for women such as maternity benefits, protective labour laws or workplace safeguards. Menstrual leave acknowledges women’s unique biological need and aligns with this Constitutional vision. By acknowledging differences, it perpetuates substantive justice.
Labour, Liberty and Female Body: Indian Jurisprudence on Women’s Hygiene and Working Conditions
In Francis Coralie v. Administrator, Union Territory of Delhi & Ors,[15] the court ruled that the right to life includes the right to live with human dignity.
In Seema v. Ashwani Kumar[16], the Supreme Court recognized the right of women to health and hygiene, emphasising that these rights are integral to their dignity.
By forcing women to work during the menstrual cycle, their right to health and dignity as mandated under Article 21 and recognised in these judicial precedents is violated. This enforces inequality and discrimination.
In the case of Sampurna Behura v. Union of India[17], the court held that the state has an obligation to provide health facilities to women.
Thus, it is the duty of the State to frame adequate menstrual leave policies for women to ensure necessary rest and care during periods.
Bleeding is not a choice: Menstrual Leave as a Progressive Policy
The case for menstrual leave policy as a workplace entitlement is rooted not just in Constitutional principles but also supported by public health imperatives, social reforms and feminist jurisprudence. Menstrual leave is not just a privilege or a legal necessity but is also a social necessity that is needed to advance equality and dignity.
A: Safeguarding Health and Bodily Integrity
Menstruation is not uniform for all women, while some experience discomfort, for others it may also be accompanied with severe abdominal cramps, migraines, nausea, fatigue dysmenorrhea or polycystic ovarian syndrome (PCOS). Working under such conditions can put a strain on the physical and mental well-being of women. Thus, a menstrual leave policy is needed to safeguard the health and bodily integrity of women.
B: Normalising Menstruation and Dismantling Stigma
In India, the topic of Menstruation is treated as impure and is cloaked in silence and taboo. The absence of legislation regarding menstrual leave showcases the failure of Indian Legislation in recognising menstruation as a legitimate health concern rather than a private burden. By introducing menstrual leave policies, the State can assist in dismantling the stigma and social taboos surrounding menstruation and create an environment where people might acknowledge it as a normal biological process rather than a source of shame.
C: Prevention of Absenteeism and Enhancing Productivity
Critics often argue that menstrual leave might increase absenteeism. However, this overlooks the actual reality, that women are forced to take sick informal leave or attend work while suffering from pain and discomfort (a phenomenon described as presenteeism).
This diminishes productivity, concentration and efficiency. Thus, menstrual leave serves as preventive measures that may be helpful in protecting both employee wellbeing and enhancing productivity.
D: Aligning with Feminist Policies
From a feminist lens, menstrual leave is not merely a health issue rather how law interprets equality. In a patriarchal country such as India, archaic legal systems assume male body as the neutral standard for workplace policies. Equality has often been treated in a formal sense, equal treatment for all, not taking into account the unique barriers faced by women. Feminist scholars like Catherine MacKinnon have highly criticized this. Menstrual leave is rooted in the principle of substantive equality which recognises the need for differential treatment to address disadvantages.
E: Advancing Social Justice
Menstrual leave is needed to advance social justice promised under the Indian Constitution. Social justice mandates removing barriers that enforces inequality and discrimination, dismantling harmful social stigmas and safeguarding public health imperatives. By recognising the need for a menstrual leave policy, the stigma and taboo around the topic of menstruation treating it as impure and shrouding it in silence, might be removed. Furthermore, by acknowledging the lived realities of women and safeguarding their rights, it will help achieve the true vision of equality and social justice.
Conclusion: A call for Revolution in Law and Policy
The debate on menstrual leave is not merely a question of workplace inconvenience rather it is a matter of public health and human rights. The stance of India continues to be fragmented. The absence of a uniform central law governing menstrual leave policy perpetuates inequality and reinforces the stigmas surrounding menstruation, thus compelling many women to suffer in silence.
While States like Bihar, Kerala and Odisha and corporations like Zomato and Swiggy have progressive menstrual leave policies in place, however the failure of the legislature in mandating a centralised policy underscores the lack of political will to tackle this issue. India should take inspiration from global jurisdictions like Japan, Indonesia, Taiwan, Zambia and so on and frame similar menstrual leave policies for women.
Menstrual leave policies align with Constitutional mandates guaranteed under Article 14, 21 and 15(3). It is also backed by feminist policies, social justice and public health imperatives.
The way forward must include a comprehensive national policy ensuring paid menstrual leave for women, workplace sensitization, national awareness campaigns and public education to remove the stigmas and taboos surrounding this topic and access to free menstrual hygiene products. Menstrual leave policy is a reform long overdue in India’s march towards gender equality. To embrace it, is to ensure equality is not just promised theoretically under the Constitution but is applied to lived reality.
References
- Indulia B, ‘Looking Beyond the Law: The Case of Menstrual Leave in India’ (SCC Times, 2 years ago) https://www.scconline.com/blog/post/2021/07/09/looking-beyond-the-law-the-case-of-menstrual-leave-in-india/ accessed 19 August 2025.
- Aggarwal B, ‘Menstrual Leave: Necessity or Controversy?’ (Manupatra, 29 October 2024) https://www.manupatra.com accessed 19 August 2025.
- Levitt RB and Barnack-Tavlaris JL, ‘Addressing Menstruation in the Workplace: The Menstrual Leave Debate’ in Chris Bobel and others (eds), The Palgrave Handbook of Critical Menstruation Studies (Palgrave Macmillan 2020).
- Belliappa JL, ‘Menstrual Leave Debate: Opportunity to Address Inclusivity in Indian Organizations’ (2018) 53(4) Indian Journal of Industrial Relations 604.
- Barnack-Tavlaris JL, Hansen K, Levitt RB and Reno M, ‘Taking Leave to Bleed: Perceptions and Attitudes toward Menstrual Leave Policy’ (2019) 40(12) Health Care for Women International 1355.
- Raj P, ‘Implementation Menstrual Leave Policy in India: An Empirical Study’ (2021) 8(5) Nveo-Natural Volatiles & Essential Oils 2317.
- Gopala B, ‘A Constitutional Imperative for Gender Equality and Dignity: A Discourse on Menstrual Leave in India’ (2023) 2 ILE Constitutional Review.
- Bhaghamma G, ‘Addressing menstrual stigma: the case for implementing menstrual leave as a legal provision in India’ (2023) 5(1) Indian JL & Legal Rsch 1
- Nivedha S, ‘Need for Paid Menstrual Leave as a Labour Legislation in India: An Overview’ (2023) 5(1) Indian JL & Legal Rsch 1
- Kundu B, ‘The Need and Legal Perspective of the Menstrual Leave in India’ (2023) 3(1) Indian J Integrated Rsch L 1
- Desai D, ‘Menstruation Leaves for Women: Law and Policy’ (2021) 2 Jus Corpus LJ 732
- Shrivastava S, ‘Menstrual Leaves: A New Approach towards Female Health Issues’ (2023) 1 LawFoyer Int’l J Doctrinal Legal Rsch 127
- Aggarwal V, ‘Leave to bleed: A jurisprudential Study of the Policy of Menstrual Leaves’ (2017) 8 J Indian L & Soc’y 1
[1] Shabnam Omidvar, Fatemeh Nasiri Amiri, Afsaneh Bakhtiari and Khyrunnisa Begum, ‘A study on menstruation of Indian adolescent girls in an urban area of South India’ Journal of Family Medicine and Primary Care (July–August 2018) 7(4) 698–702, DOI: 10.4103/jfmpc.jfmpc_258_17.
[2] Ankita Dwivedi Johri, ‘When Lalu Prasad gave nod for leave during menstruation’ The Indian Express (online, 31 August 2020) https://indianexpress.com/article/opinion/columns/when-bihars-women-got-period-leave 6575393/accessed 19 August 2025.
[3] ‘Kerala announces menstrual leave: Time to talk period’ The Indian Express (online, 24 January 2023) https://indianexpress.com/article/opinion/editorials/kerala-announces-menstrual-leave-time-to-talk-period-8400131/accessed 19 August 2025.
[4] Vivek Kumar, ‘Odisha government announces 1 day of menstrual leave per month for women staff’ India Today (online, 23 October 2024) https://www.indiatoday.in/amp/india/story/odisha-government-day-menstrual-leave-order-women-staff-casual-leaves-mohan-charan-manjhi-2621561-2024-10-23/accessed 19 August 2025.
[5] Menstruation Benefit Bill 2017 (private member’s bill introduced in Lok Sabha, No 249 of 2017, November 2017).
[6] The Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022 (private member’s bill, No 276 of 2022, as introduced).
[7] ‘No plans to mandate paid menstrual leaves, announces WCD Minister’, The Economic Times (Health/ETHealthWorld, 27 July 2024) https://health.economictimes.indiatimes.com/amp/news/industry/no-plans-to-mandate-paid-menstrual-leaves-announces-wcd-minister/112059606 accessed 19 August 2025.
[8] Shailendra Mani Tripathi v Union of India (Writ Petition (Civil) No 172 of 2023, Supreme Court of India, 24 February 2023).
[9] PR Team, ‘Introducing period leaves for women’, Zomato Blog (8 August 2020) https://blog.zomato.com/period-leaves/accessed 19 August 2025.
[10] Mihir Shah and Monika Tyagi, ‘A Note On Our Commitment To Increase Women Delivery Partners In Our Fleet’, Swiggy Diaries (20 October 2021) https://blog.swiggy.com/news/a-brief-note-on-our-commitment-to-increase-women-delivery-partners-in-our-fleet/ accessed 19 August 2025.
[11] GWL Team, ‘Menstrual Leave Policies from 7 Countries across the Globe’, Global Woman Leader (24 February 2023) https://www.globalwomanleader.com/viewpoint/experts-column/menstrual-leave-policies-from-7-countries-across-the-globe-nwid-219.html accessed 19 August 2025.
[12] Constitution of India, art 14.
[13] Constitution of India, 21.
[14] Constitution of India, 15(3).
[15] Francis Coralie Mullin v Administrator, Union Territory of Delhi & Ors AIR 1981 SC 746 (SC).
[16] Seema v Ashwani Kumar (2006) 2 SCC 578 (SC).
[17] Sampurna Behura v Union of India AIR 2018 SC 3351 (SC).
