THE RED STAIN ON RIGHTS: UNVEILING THE NEED FOR A MENSTRUAL LEAVE POLICY IN INDIA

This article is written by Ankita Arora of University Institute of Legal Studies, Panjab University, Chandigarh

ABSTRACT 

Menstruation, a natural experience for millions in India, remains burdened by stigma, silence, and systemic neglect. This research article examines the urgent need for an inclusive menstrual leave policy, showing how the absence of structured support violates fundamental rights such as dignity, equality, and the right to life. Despite judicial, governmental, and corporate efforts, the lack of uniform national policy leads to disruptions in education, economic productivity loss, and tragic instances of harassment and suicide. Analyzing ground realities including inadequate sanitation infrastructure even within courts this article highlights the deep societal apathy menstruators face. A global comparison shows that while countries like Spain, Japan, and Taiwan have implemented menstrual leave policies, India must develop a framework suited to its diversity and inclusive of all genders who menstruate. This research asserts that recognizing and institutionalizing menstrual equity is essential for upholding fundamental rights and building a truly inclusive and dignified society.

Keywords

Menstrual suffering, insufficient sanitization access, fundamental rights violation, Economics and educational loss, uniform menstrual leave policy.

INTRODUCTION

“I wish I could be a man so that I don’t have to suffer from this”- Zheng Qinwen, a Chinese tennis player said this after losing out her French open title because of her menstrual cramps. Menstruation, experienced by nearly 1.8 billion people worldwide, is a biological process which involves the monthly shedding of uterine lining, accompanied by blood loss, abdominal cramps and emotional discomforts. As per the study conducted by University College London, level of pain experienced while menstruation is equivalent to the pain a person experiences during heart attack. Millions of women, girls, transgender men and non-binary individuals continue to work through intense menstrual pain and discomfort, often without access to adequate sanitary and hygiene products at their workplaces, making it difficult to manage their menstrual cycles. Despite these challenges, only a few countries have recognized the need for menstrual leave policies. Countries like Japan, Spain (which introduced menstrual leave in Feb. 2023), Zambia, Wales, China, Taiwan, South Korea and Indonesia have taken progressive steps by implementing such policies. However, many nations including India, still lack a uniform and inclusive menstrual leave framework. Menstrual leave refers to a policy that grants individuals the right to take time off from work or education during their menstrual period, acknowledging the physical and emotional strain it can impose. Such policies aim to promote health, dignity and gender- sensitive reforms at workplaces and institutions.

THE INDIAN SCENARIO: JUDICIAL AND POLICY LANDSCAPE 

In January 2023, a Public Interest Litigation (PIL) was filed before the Supreme Court of India, seeking a directive for all States to formulate a menstrual pain leave policy for female students and working women under the Maternity Benefit Act, 1961. The Supreme Court, however, disposed of the petition, suggesting that the petitioner submit a representation to the Union Ministry of Women and Child Development, stating that the issue falls within the domain of policy rather than judicial intervention. Despite this direction, no formal response or action has been undertaken by the Ministry to date. In a subsequent hearing in July 2024, a bench comprising Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra observed that a mandatory menstrual leave policy could be counterproductive, potentially leading to women being excluded from the workforce. The bench remarked, “How will the leave encourage more women to be part of the workforce?” and warned that compulsory leave provisions may result in women being “shunned from the workforce.” This perspective underscores the judicial concern that such policies, while well-intentioned, might inadvertently reinforce workplace discrimination against menstruating individuals. Nevertheless, several private companies in India have independently recognized the need for menstrual leave. Corporations such as Zomato, Maharashtra based Culture Machine, Gozoop, Delhi based company Horses Stable, Swiggy, Byju’s, Mathrubhumi, Magzter, FlyMyBiz, ARC, Industry and Ivipanan have adopted paid period leave policies, showcasing progressive corporate responsibility even in the absence of a national mandate.

On the governmental front, while a uniform menstrual leave policy remains absent, various initiatives aimed at menstrual hygiene management have been launched. The Government has promoted awareness and improved access to menstrual products through schemes such as Kerala’s She-Pad Scheme (2017), which provides free sanitary products to schoolgirls, and the Rashtriya Kishor Swasthya Karyakram in Delhi, which subsidizes menstrual products for adolescent girls. A few Indian states have proactively introduced menstrual leave policies. Notably, Bihar has provided a two-day menstrual leave since 1992 for government employees. Kerala and Odisha have also implemented state-level provisions. However, the absence of a centralized and uniform policy results in a discriminatory framework where access to menstrual leave depends on one’s geographic location, thereby violating the principle of equality.

Efforts to introduce national-level legislation have also been made. In 2017, a private member’s bill was introduced in the Lok Sabha by MP Ninong Ering, proposing four days of paid menstrual leave per month for women employees as well as for school-going girls of standard 8 or above. Bill also stated that those women who opt to work during menstruation should get overtime allowance and a rest time of 30 minutes twice a day. However, the bill was dismissed not taken up for discussion. Mr. Ering reintroduced the same bill during the 2022 Budget Session in the Arunachal Pradesh Legislative Assembly, but it was dismissed as an “unclean topic,” reflecting the persisting stigma surrounding menstruation. In 2022, another significant bill titled The Right of women to Menstrual Leave and Free Access to Menstrual Health Products Bill was introduced by MP Hibi Eden. The bill proposed (a) three days of paid menstrual leave for working women; (b) three days of leave for female students; and (c) free access to menstrual health products. Despite its progressive vision, the bill has yet to be enacted into law. In 2023, the Union Ministry of Health and Family Welfare drafted the National Menstrual Hygiene Policy, 2023, which primarily focuses on increasing awareness regarding menstrual hygiene. While the policy is a welcome step in acknowledging menstrual health as a public health issue, it notably lacks any reference to a nationwide menstrual leave policy. This fragmented and hesitant approach to menstrual leave legislation in India highlights the urgent need for a cohesive, inclusive, and stigma-free policy that affirms the health, dignity, and rights of all menstruating individuals.

MENSTRUAL INJUSTICE: A VIOLATION OF RIGHTS, DIGNITY AND SOCIAL EQUITY

Despite the Indian Constitution not explicitly recognizing menstrual leave as a fundamental right, several core rights under Part III—including the right to life and dignity (Article 21), the right to equality (Article 14), and the right against discrimination (Article 15)—implicitly encompass the right to a dignified menstrual experience. The continued denial of menstrual leave and inadequate infrastructure catering to menstruators reflect a deeper systemic apathy that compromises these guaranteed rights.

According to a report by the International Labor Organization (ILO), only 21% of factories in India have separate toilets for men and women. Even fewer have facilities for menstrual hygiene management, a shocking statistic that lays bare the infrastructural gap in addressing the needs of menstruating individuals. This absence of basic hygiene facilities is not limited to industrial spaces but extends to lower courts—the very institutions expected to uphold justice. A report by the Centre for Research and Planning of the Supreme Court found that nearly one-fifth of district courts in India lack separate washrooms for men and women. Additional data reveals that 42% of courts in India lack toilets altogether, while 26% do not have separate women’s toilets. Chief Justice D.Y. Chandrachud rightly observed that the legal profession across India remains “feudal, patriarchal, and not accommodative of women.” On national highways, sanitation conditions are equally dismal. Even when restrooms are present, they often lack essentials like soap, water, and locking doors. These conditions perpetuate period poverty—a term that encapsulates the lack of access to menstrual hygiene products, safe washrooms, and health education. Though the government declared sanitary products tax-free in 2018, their affordability and availability remain major concerns. Without adequate facilities, menstrual hygiene becomes a daily struggle, particularly in workplaces and public institutions. Recognizing this, in January 2025 the Hon’ble Supreme Court in Rajeev Kalita v. Union of India & Ors., held that access to proper toilet facilities is not merely a convenience but a facet of human rights under Article 21.

Menstruation, often trivialized, can be physically debilitating. In year 2012, in Janaki Hembrom v. State of Jharkhand, a woman was suspended from her job for being absent one day due to severe menstrual disorder and abdominal pain. More tragically, suicides have been reported linked to menstruation-related stigma and pain. In 2017, a 12-year-old girl died by suicide after being humiliated by her teacher for period-related issues in Tamil Nadu. Similarly, a 14-year-old girl ended her life due to pain and stress during her first period. Such incidents are not isolated and point toward the urgent need for education, sensitivity, and support. Stigma around menstruation continues to manifest in appalling ways. In 2021, in Nirjhari Mukul Sinha v. Union of India, the Gujarat High Court heard a PIL about 60 girls at a hostel in Bhuj being forced to strip to prove they were not menstruating, an incident violating Articles 14, 15, 17, 19, and 21. In the Sabarimala verdict, Chief Justice D.Y. Chandrachud emphasized that excluding menstruating individuals based on their menstrual status amounts to a form of untouchability.

The economic and educational toll of neglecting menstrual health is significant. According to the Journal of Obstetrics and Gynecology of India, nearly 90% of menstruating individuals in India experience menstrual pain. A 2017 study revealed that menstruation-related discomfort caused a 33% productivity loss and an average of 8.9 lost workdays annually. In schools, nearly 40% of girls reportedly miss classes during their periods. The Jammu & Kashmir High Court rightly held that poor menstrual management infringes on girls’ right to education under Article 21A. The Right to Education Act, 2009 mandates free and compulsory education for children aged 6–14, a right undermined when menstruation forces girls to stay home due to pain, shame, or lack of facilities. Expecting menstruating individuals to suppress their pain, function without support, and remain silent about their biological realities is not just unfair—it is unconstitutional. Denial of menstrual leave and failure to ensure menstrual equity are denials of rights, of dignity, and of justice.

GLOBAL MENSTRUAL LEAVE POLICIES: LESSONS FOR AN INCLUSIVE INDIAN FRAMEWORK

Across the globe, several countries have taken progressive steps by implementing menstrual leave policies that acknowledge the physiological realities and needs of menstruating individuals. Nations such as Japan, Spain, Wales, South Korea, China, Taiwan, Indonesia, and Zambia have recognized the importance of allowing individuals time to rest and recover from the debilitating effects of menstruation. For instance, Spain’s landmark law, enacted in February 2023, grants a three-day menstrual leave for those suffering from painful periods, extendable up to five days in severe cases. Zambia allows menstruating individuals to take a day off each month without the need for a medical certificate, while Taiwan’s Gender Equality in Employment Act permits three days of menstrual leave annually, separate from the standard 30-day sick leave quota. In China’s Yunnan Province, women are entitled to leave if they experience intense menstrual pain, supported by a medical note. While these policies mark critical milestones in menstrual justice, many of them are still limited in scope—focusing solely on cisgender women, thereby excluding transgender, non-binary, and intersex individuals who also menstruate. This narrow framing fails to reflect the full spectrum of those affected by menstruation, and risks perpetuating discrimination under the guise of progress. India, with its immense diversity and unique socio-cultural fabric, has much to learn from these global models. However, any adaptation must be sensitive to India’s demographic scale and inclusive of all menstruating individuals, regardless of gender identity. A tailored, inclusive, and equitable menstrual leave policy can move India closer to fulfilling its constitutional promise of dignity, equality, and health for all.

Drawing from the above global comparative framework, India must approach menstrual leave not merely as a welfare measure but as an instrument of gender justice and workplace equity. At the government level, the state must enact a comprehensive Menstrual Health and Leave Policy. Such policy must:

• Recognize menstrual health as a component of the right to health and dignity;
• Ensure an inclusive coverage of all menstruating individuals including transgender, intersex and non-binary individuals;
• Mandate at least three days of paid menstrual leave per month, with flexibility for additional leave based on medical certification;
• Provide government incentives or tax benefits to employers implementing menstrual leave policies, ensuring that inclusion does not create economic disincentives; and
• Integrate menstrual hygiene management into public health programs and education.

At workplace level, both public and private employers should institutionalize menstrual equity through:

• Gender sensitive HR policies that provide menstrual leave without stigma or career disadvantage, supported by anti-discrimination safeguards to prevent hiring bias;
• Infrastructure improvements, such as clean and accessible restrooms, disposal facilities, and rest spaces;
• Awareness and sensitization programs to normalize menstruation and eliminate workplace taboos;
• Confidential, non-discriminatory reporting mechanisms to prevent misuse or bias; and
• Integration of menstrual health into occupational health programs, ensuring privacy and dignity for all employees.

Together, these reforms would not only align India with global best practices but also uphold the constitutional promise of equality, dignity, and health for all menstruating individuals.

CONCLUSION

Menstruation continues to be met with systemic neglect, social stigma, and legal oversight in India. The absence of a uniform menstrual leave policy, coupled with inadequate sanitation infrastructure and a persistent culture of silence, results in serious violations of fundamental rights such as dignity, equality, and the right to life. Despite judicial acknowledgments, scattered corporate initiatives, and legislative attempts, India still lacks a comprehensive framework to support menstruators across educational and professional spaces. Drawing lessons from global models while tailoring them to India’s socio-cultural diversity, it is time that India moves beyond token measures and enacts a uniform menstrual leave policy that upholds dignity, ensures workplace equity, and acknowledges the lived realities of those who menstruate.

A nation that aspires to gender justice cannot afford to treat menstruation as a private burden; it must recognize it as a public right. Now is the moment for India to institutionalize menstrual justice not as a privilege or concession, but as a constitutional commitment to equality, dignity, and humane labour rights.

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