Menstrual Leave - Addressing The Stigma

Author: LawSphereX

Category: General Law

Published: 2026-08-23T20:36:23.726391+00:00

Updated: 2026-08-30T07:10:10.358Z

MENSTRUAL LEAVE: ADDRESSING THE STIGMA

Adarsh Kumar Mishra, Assistant Professor of Law, MATS University, Raipur, Chhattisgarh Srishti Sonkala, Assistant Professor of Law, MATS University, Raipur, Chhattisgarh Dr. Shiv Kumar Kurrey, Assistant Professor of Law, Government J. Yoganandam Chhattisgarh College, Raipur, Chhattisgarh

ABSTRACT

In modern India, women now make up nearly 45% of the service sector, a significant increase from under 20% a decade ago. Despite this progress, many companies remain hesitant to hire women due to concerns about marriage, maternity leave, and the introduction of menstrual leave, often finding it easier to employ men. Menstruation continues to be a taboo subject, particularly in rural areas with low literacy rates, leading to widespread silent suffering among women. To address these challenges, there is a critical need for education and open dialogue about menstruation to break down societal taboos. Research indicates inadequate menstrual education for girls, exacerbated in urban slums where access to hygiene products is limited. The Sabarimala verdict allowing menstruating women temple entry represents a step towards gender equality by challenging stigmas.

Menstrual health, spanning 3 to 7 days, significantly affects women’s wellbeing and productivity, with symptoms such as pain and disorders impacting their work. The proposed 2017 Menstruation Bill advocates for menstrual leave and workplace accommodations to promote gender equity. Bihar led by offering menstrual leave since 1992, with Kerala and companies like Byju’s and Zomato following suit. Corporate responses vary, with some offering up to 10 days of paid menstrual leave annually to support women in their professional lives. However, debates persist over whether such policies reinforce stereotypes of women's weakness. Legal perspectives uphold equality and positive discrimination for women’s health needs, with initiatives like Chief Justice D. Y. Chandrachud's support for work-from-home options during menstruation.

Keywords: women in workforce, menstrual leave, gender equality, reproductive health, workplace inclusivity.

INTRODUCTION

In today's India, women play a significant role in the service sector, with nearly 45% of them employed across various fields. A decade ago, this figure was less than 20%. However, many companies and organizations still hesitate to hire women due to concerns about marriage, maternity leave, and now menstrual leave. In contrast, they often find employing men simpler and less problematic. Menstruation has long been a taboo subject in India, leading many women to suffer silently due to societal embarrassment surrounding it. In rural areas, where literacy rates are low, awareness about menstruation is also limited. The initial step should involve educating and openly discussing menstruation, moving away from treating it as a taboo subject. This veil of secrecy is gradually lifting in a new perspective.

According to research published in the International Journal of Environmental Research and Public Health (2020), fewer than half of girls in India are informed about menstruation before experiencing menarche. A study by UNICEF and the National Institute of Urban Affairs (2020) reveals that adolescent girls in disadvantaged urban slums lack access to basic menstrual hygiene facilities, as they cannot afford them. Consequently, one out of every two females faces challenges in obtaining sanitary products and tampons throughout their menstrual cycle. Despite longstanding issues, efforts to address these challenges continue. In a significant Sabarimala verdict1, the Apex Court of India aimed to reconcile constitutional principles with social norms by allowing menstruating women to enter the temple premises.

The court noted that such restrictions contribute to the perception of menstruation as a stigma and symbol of impurity, reinforcing societal taboos around discussing it openly. This landmark judgment marks a step towards empowering women in society, yet there remains a considerable distance to cover in achieving true equality. Menstruation typically spans 3 to 7 days and plays a crucial role in women's reproductive health by either preparing the body for pregnancy or shedding the uterine lining if pregnancy does not occur, thereby aiding in the elimination of toxins. However, many females experience various challenges during their menstrual cycle, including irritability, mood swings, cravings, pain, and cramps. These symptoms can make it challenging for women to maintain consistent productivity in a fast-paced work environment. Additionally, some women suffer from

1 Indian Young Lawyers Association and Ors. vs. The State of Kerala and Ors. (2019) 11 SCC 1

menstrual disorders such as ovarian cysts, endometriosis, and dysmenorrhea, further impacting their health and daily activities. THE MENSTRUATION BILL, 2017 The Menstruation Bill of 2017 was introduced by Mr. Ninong Ering, a member of parliament (Lok Sabha) representing Arunachal Pradesh. Here are the key provisions of the bill:

1. It mandates 2 days of leave for all women working in both the private and public sectors

during their menstrual periods.

2. The bill proposes that any woman choosing to work instead of taking leave during

menstruation will receive additional compensation for the time spent working. It also advocates for two 30-minute rest periods daily, for a maximum of four days.

3. The bill aims to enhance workplace accommodations specifically tailored for women.

4. It recommends extending these provisions to schoolgirls from the eighth grade

onwards.

5. It asserts that menstrual leave must be universally offered to all eligible women without

discrimination based on occupation.

6. The bill advocates for parity in benefits, stating that if a woman in a corporate setting

is granted paid menstrual leave, the same benefit should be extended to women employed in factories.

7. These menstrual leave days are proposed to be included within the sick leave

entitlements of women. This bill represents a significant step towards recognizing and accommodating the specific needs of women in the workplace and educational settings, aiming to promote gender equity and support menstrual health across various sectors of society. The proposed law has yet to be adopted by parliament, garnering both applause and opposition. Bihar stands as the sole state in India that has been offering two days of menstrual leave to its female employees since approximately 1992. In Kerala, a government school has implemented menstrual leave for students during their annual examinations, allowing them to make up missed exams later. Within the corporate sector in India, companies such as Byju’s, Zomato, Culture magazine, and several others have taken the lead by offering menstrual leave to their employees.

STANCE OF CORPORATE SECTOR ON MENSTRUAL LEAVE Many companies have begun offering female employees up to 10 days of paid leave annually to accommodate their menstrual cycles. Discussions among women from various sectors have revealed differing perspectives on this issue. Some support the concept of paid menstrual leave due to the severe pain and disruptions it causes in their professional lives. Conversely, others argue that granting period leave could reinforce stereotypes of women as weak and unfit for work in an already patriarchal society. Several startups in India have taken proactive steps by allowing female employees to take one or two days off during their menstrual cycles. In a push for workplace gender inclusivity, teachers in Uttar Pradesh launched a campaign in July 2021 advocating for paid menstrual leave for educators.

The initiative, led by Mahila Shiksha Sangh, highlighted issues such as inadequate sanitation in school restrooms, high dropout rates among girls, and absenteeism. Their efforts aimed to extend similar benefits to schoolchildren, facilitated by collaborations with local authorities to implement menstrual hygiene initiatives in public educational spaces like Kasturba Gandhi Vidyalaya. These efforts include installing sanitary napkin vending machines offering biodegradable products free of charge. In today's tech-driven world, many women do not necessarily seek a full day off but find relief in the option to work from home, particularly since the onset of the Covid-19 pandemic. Working remotely is perceived as more manageable during menstruation, benefiting both the employee and the company without productivity loss.

This arrangement creates a mutually advantageous situation where individuals can work in a relaxed and flexible environment, potentially enhancing overall productivity. IS PROVIDING MENSTRUAL LEAVE JUSTIFIABLE?

Such progress must originate from the grassroots—discussions about menstrual flow and discomfort need to extend beyond women's locker rooms into open forums where men, children, and coworkers are willing to engage in both social and professional contexts. Men must first normalize this very common occurrence and acknowledge it appropriately. While policy improvements and pro-leave laws are valuable, they can only partially address the prejudice and insensitivity towards menstruation. 2 If we embrace this approach as a society, our most effective employees will see significant benefits in satisfaction and performance, ultimately benefiting India Inc. 3 Period leave is not something every woman seeks, but it is an additional support measure considering the challenges women face during their menstrual cycle.

Providing this leave does not mean women will always take time off; it is their choice whether to work or not. Many companies in the corporate sector are reluctant to provide even standard leave or a work-fromhome option. These companies are the primary opponents of menstrual leave policies, often arguing against them based on critiques of feminist ideologies. LEGAL POSITION: INDIA The stance on the potentially discriminatory nature of the menstrual leave policy may be challenged under Article 14 of the Constitution, which embodies the principle of 'Equality before the law. ' This article stipulates that if laws govern the conduct of all employees, there should be equality on a level playing field. Since men do not menstruate, it is essential that women are not disadvantaged due to their biological differences.

Additionally, the menstrual leave policy is supported by Exemption 15(3) of Article 15(1) of the Indian Constitution, which empowers the legislature to enact regulations and specific provisions for positive discrimination benefiting marginalized groups, such as women and children. Moreover, Article 42 of the Indian Constitution, part of the Directive Principles of State Policy (DPSP), mandates the state to ensure just and favorable working conditions for women, including maternity leave. Recently, Hon’ble Chief Justice of India Mr. D. Y. Chandrachud highlighted his office's work culture in a speech, revealing that he has begun allowing female employees to work from home

2 Shailendra Mani Tripathi v. Union of India, WP (C) No. 172 of 2023, order dated 24-2-2023 (SC).

3 SEBI/HO/CFD/CMD-2/P/CIR/2021/562, dated 10-5-2021.

during the first 2-3 days of their menstrual cycle. This initiative by the Chief Justice is anticipated to have a positive influence across various sectors. CURRENT NEEDS Menstrual leave represents a vital opportunity for women to work from home, offering them the flexibility to manage their workload comfortably and according to their own schedule during menstruation. This flexibility not only supports their physical and emotional well-being but also enhances their overall productivity. By accommodating the natural fluctuations and challenges of the menstrual cycle, organizations can foster a more supportive and inclusive work environment. Contrary to the misconception that menstrual leave decreases productivity, studies and anecdotal evidence suggest that allowing women to take time off during their periods can actually improve productivity.

By providing women with the opportunity to rest and manage their health effectively, organizations can ensure that employees return to work refreshed and more focused, thereby contributing more effectively to their roles. In a country like India, where a significant portion of the population faces stigma and cultural taboos related to menstruation, the introduction of menstrual leave is a necessary step towards societal acceptance and equality. By acknowledging and accommodating the unique needs of menstruators, organizations can contribute to breaking down barriers and promoting a more inclusive society. Implementing menstrual leave policies is not just about supporting individual women but is also a critical component of broader efforts to achieve reproductive health equity.

It signifies a commitment to recognizing and addressing the specific health challenges that women face, thereby promoting their overall well-being and ensuring equal opportunities in the workplace.

CONCLUSION

In conclusion, the discourse surrounding menstrual leave in India epitomizes a critical juncture in the ongoing struggle for gender equity and reproductive health rights. Despite significant strides in women's participation in the workforce, entrenched societal taboos and corporate hesitancies persist, hindering full workplace inclusivity. The introduction of the Menstruation Bill of 2017, championed by Mr. Ninong Ering, represents a legislative landmark aiming to institutionalize menstrual leave and enhance workplace accommodations tailored to women's needs. While Bihar and pioneering private firms have embraced menstrual leave, debates on its implications continue. Advocates argue for its necessity, citing its potential to alleviate menstrual health challenges and enhance productivity through supportive workplace environments.

However, critics caution against reinforcing stereotypes of women's perceived weakness, underscoring the need for nuanced policy implementation and cultural shifts in perceptions of menstruation. Legally, constitutional mandates for equality and positive discrimination support initiatives that cater to women's health and reproductive rights. The evolving legal landscape, as exemplified by Chief Justice D. Y. Chandrachud's initiative, signals a broader acceptance of flexible work arrangements that accommodate menstrual needs. Ultimately, the introduction of menstrual leave policies not only addresses immediate health concerns but also signifies a commitment to dismantling cultural taboos, promoting workplace equality, and fostering a more inclusive society.

By recognizing and accommodating the biological realities of menstruation, India can pave the way towards a future where women's health and professional contributions are equally valued and supported.