The Case for Paid Menstrual Leave in India: Beyond Compassion to Equality, Productivity, and Justice

Menstruation is an intrinsic bodily process experienced by almost half the population. Yet, across workplaces, educational institutions, and legal frameworks in India, it remains largely unacknowledged in policy terms. While India has made great strides economically, technologically, and socially, one crucial aspect of gender-sensitive policy remains missing: a national framework for paid menstrual leave.

Paid menstrual leave doesn’t simply give time off. It validates biological realities, promotes dignity, strengthens gender equity, and supports long-term economic inclusion. As debates gather steam, courts and state legislatures have begun engaging with this idea  reflecting a growing recognition that ignoring menstrual health is no longer tenable in a modern, progressive society.

This article explores why India needs paid menstrual leave, the medical and social basis for it, existing legal and policy developments, the state of judicial engagement  including Supreme Court and High Court actions and how India can chart a balanced way forward.

1. The Biology of Menstruation and Workplace Realities

Menstruation is more than a monthly cycle. For a significant portion of menstruators, symptoms like cramps, fatigue, nausea, headaches, and emotional distress can be severe. Research globally indicates that menstrual pain (dysmenorrhea) affects more than half of all women of reproductive age, with many reporting disruption in daily activities, including work and study. As India continues to make bold strides in education, economic growth, and gender equality, one critical issue remains overlooked: the need for paid menstrual leave. Addressing this need is not just an act of compassion  it is a necessary step toward building a just, equitable, and productive society.

Despite these realities, most Indian workplaces treat menstruation as a taboo subject  rarely acknowledged in human resources policies or organisational cultures. The result? Many individuals suffer in silence, showing up at work despite pain and discomfort, or taking unrecorded sick leave, which contributes to workplace stress and reduced productivity.

Introducing paid menstrual leave is not about privileging one gender, but about accommodating a biological process that affects half the workforce differently. It aligns with the principles of humane labour practices that have become standard in other areas of employment law.

2. The Policy Vacuum: What Exists and What Doesn’t

At present, India does not have a national statute mandating paid menstrual leave. While several countries around the world — including Japan, South Korea, Indonesia, and Spain — have some form of menstrual leave provision at the national level, India’s central labour laws do not prescribe such a benefit for women or other menstruators.

The absence of a national policy means that implementation is patchy and inconsistent. This vacuum has pushed activism and innovation at sub-national levels and in certain institutional settings.

3. Judicial Engagement in India: Supreme Court & High Courts

The Supreme Court has been approached directly on this issue. In February 2023, a Public Interest Litigation (PIL) was filed seeking a direction for menstrual pain leave for women and female students. The apex court refused to entertain the PIL on the ground that the issue was a matter of policy, not something the judiciary could mandate directly. It observed that such policies should be framed by the government in consultation with stakeholders, and suggested that the petitioner approach the Union Ministry of Women and Child Development with representations.

This exposition signals an important judicial stance: the judiciary recognizes menstrual leave as a legitimate policy question but defers to the executive for legislative action.

In a related development from July 2024, reports indicated that the Supreme Court asked the central government to consider the policy within a consultative framework, further emphasizing the need for a government-led policy process rather than judicial imposition.

These positions reflect a balanced legal approach  acknowledging the importance of the issue while respecting the separation of powers between legislature, executive, and judiciary.

While there’s no Supreme Court judgment creating a legal right to menstrual leave, some High Courts and high judicial registries have taken the lead in adopting institutional menstrual leave policies.

The Sikkim High Court in May 2024,  became the first High Court in India to introduce a menstrual leave policy for its women staff, allowing them to avail 2-3 days of menstrual leave per month on recommendation from the medical officer attached to the court. This was a path-breaking move showing judicial offices’ willingness to institutionalize menstrual health considerations in employment practice.

By setting an example within its own registry, the Sikkim High Court sparked wider public and legal conversation about menstrual leave in India.

4. Past Government Engagement: Recommendations & Debates

Central Government’s Stance

In recent years, the topic of menstrual leave has been raised at national policy forums. When the Supreme Court advised government consideration in 2023, the Ministry of Women and Child Development was encouraged to consult and frame a model policy.

However, some policymakers including statements by ministers in the past  have expressed caution, suggesting menstrual leave could discourage employer hiring of women or impact workforce participation. These debates emphasize the need for carefully structured policy design that protects women without adverse workplace consequences.

State Experiments

Several states have pre-existing practices that reflect varying degrees of menstrual leave policy:

• Bihar in 1992 has long provided two days of menstrual leave per month for state government employees since the early 1990s.
• Odisha and other states have recently introduced or proposed menstrual leave policies for government employees.
• Kerala in 2023 has introduced menstrual leave in certain educational institutions for students and staff.
• Food delivery chain Zomato introduced a policy giving 10 days of yearly menstrual leave to female and trans female employees in 2020.
• A Private Member’s Bill known as the Menstruation Benefit Bill, 2017, proposed by MP Ninong Ering, sought to provide women employed in both public and private sectors with two days of paid leave per month for menstruation. The bill did not receive approval. 
• The southern Indian state of Karnataka, which is also home to some of the world’s biggest IT firms, has become the first in the country to offer paid menstrual leave to all working women in formal jobs.

Under the new policy, women aged 18 to 52 working in government and private companies can take one day of menstrual leave every month, which cannot be carried forward. No medical certificate is required to avail the leave. This policy, however, faced legal challenges. Industry associations, such as the Bangalore Hotels Association, petitioned the Karnataka High Court arguing the notification lacked statutory backing and that the executive did not have the authority to create a new leave category without legislation.

Initially, the High Court stayed implementation of the government’s notification in December 2025.  Shortly after, the court withdrew the stay after hearing arguments that the order had constitutional support and was aligned with principles of equal protection, and decided to hear the detailed case. This ongoing litigation underscores both the promise and limitations of state-level actions: progressive intent versus the need for legislative authority

These examples show that experimental policy models already exist on the ground in India, informing broader national debate.

5. Indian judiciary and Menstrual leave:

The Supreme Court in February 2023, a Public Interest Litigation (PIL) was filed seeking a direction for menstrual pain leave for women and female students. The apex court refused to entertain the PIL on the ground that the issue was a matter of policy, not something the judiciary could mandate directly. It observed that such policies should be framed by the government in consultation with stakeholders, and suggested that the petitioner approach the Union Ministry of Women and Child Development with representations.

This exposition signals an important judicial stance: the judiciary recognizes menstrual leave as a legitimate policy question but defers to the executive for legislative action.

In May 2024, the Sikkim High Court became the first High Court in India to introduce a menstrual leave policy for its women staff, allowing them to avail 2-3 days of menstrual leave per month on recommendation from the medical officer attached to the court. This was a path-breaking move showing judicial offices’ willingness to institutionalize menstrual health considerations in employment practice.

6. Why Paid Menstrual Leave Matters: Legal, Economic, Social Dimension, Upholding Fundamental Rights

Though there’s no direct constitutional guarantee for menstrual leave, policies supporting menstrual health align with Article 21 (Right to Life and Personal Liberty), which includes dignity, health, and wellbeing. Policies that ignore menstrual health risk undermining these constitutional values by failing to accommodate natural bodily processes that affect half the population. It also fulfil the obligation of state under article 15(3) of constitution to make special provisions for women.

Promoting Gender Justice and Equality

Women and menstruators have battled structural inequities for decades. From unequal pay to limited access to healthcare, the struggle for equality is ongoing. Paid menstrual leave acknowledges biological differences without reinforcing stereotypes — it empowers menstruators to participate fully in economic life rather than penalizing them for symptoms beyond their control.

Boosting Productivity and Workplace Inclusion

Far from encouraging absenteeism, paid menstrual leave can improve productivity by allowing employees to recuperate when needed  reducing presenteeism and chronic health burdens. Inclusive policies also enhance morale, reduce stress, and improve employee retention.

Clarifying Stigma and Cultural Taboos

Menstruation has long been stigmatized in India. Institutional policies that openly acknowledge menstruation help normalize conversations and reduce discrimination that persists in workplaces and educational settings.

Addressing Policy Concerns and Designing Effective Frameworks

A well-designed framework can prevent discrimination while ensuring operational feasibility. First, menstrual leave should be limited and structured, such as one or two paid days per month, ensuring it is supportive rather than excessive.

Second, it must be voluntary and confidential, allowing employees to avail leave without mandatory medical certification or invasive disclosures, thereby preserving dignity and privacy.

To address employer apprehensions, particularly among small and medium enterprises, the government can introduce flexible implementation models, including integration of menstrual leave with existing sick leave or compensatory work-from-home options. Tax incentives or reimbursement mechanisms can further ease financial pressure on employers during the initial transition phase.

Another critical element is non-discrimination safeguards. Legislation must clearly prohibit adverse employment actions—such as denial of promotion or biased hiring—based on the availability or use of menstrual leave. Equally important is workplace sensitisation through awareness programmes that normalise menstruation and eliminate stigma.

7. Global Comparisons: Lessons from International Practice

• Internationally, countries like Japan introduced menstrual leave in 1947, allowing women to take time off if working during menstruation is difficult.
• South Korea offers one day of menstrual leave each month.
• Taiwan offers three days per year at half pay.
• A “Mother’s Day” off is given in Zambia for each month, no matter the parental status
• Spain’s regional debates and other countries’ policies reflect different approaches to balance workplace fairness and biological realities.
• The International Labour Organization’s Maternity Protection Convention, 2000 (No. 183) recognizes the need for maternity leave and related benefits, including leave for illness arising out of pregnancy or childbirth. While India has not ratified this convention, it provides a useful framework for understanding the importance of providing leave for women’s reproductive health.

India can learn from these models  adapting global best practices to Indian socioeconomic contexts while protecting employment without stigma.

8. Moving Forward: Policy Recommendations for India

The way forward lies in adopting a balanced, inclusive, and evidence-based approach that recognises menstrual health as a legitimate workplace concern while ensuring economic and institutional feasibility.

First, the Union Government must take the lead by initiating a consultative policy-making process, as suggested by the Supreme Court. This process should involve state governments, medical experts, labour unions, employers’ associations, women’s rights groups, and representatives from the informal sector. The outcome could be a model national menstrual leave framework, allowing states and private employers flexibility in implementation while ensuring minimum uniform standards.

Second, menstrual leave must be viewed as part of a broader menstrual health and workplace welfare policy. Alongside leave provisions, workplaces should ensure access to clean sanitation facilities, safe disposal mechanisms, and free or affordable menstrual products. Awareness programmes should be institutionalised to dismantle stigma and foster empathetic workplace cultures.

Third, the policy must be inclusive and gender-sensitive, extending benefits to all menstruating persons, including transgender and non-binary individuals. Confidentiality and voluntariness should remain central to prevent misuse and discrimination.

Fourth, to address concerns of employers particularly small and medium enterprises—the government can introduce phased implementation, financial incentives, or integration of menstrual leave with existing sick-leave frameworks. Flexibility in availing work-from-home or adjusted working hours during menstruation can further enhance productivity without imposing excessive costs.

Finally, continuous monitoring, data collection, and impact assessment are essential. Periodic evaluation will help refine policies, address unintended consequences, and ensure that menstrual leave strengthens rather than hinders women’s workforce participation

9. Conclusion: Menstrual Leave as a Marker of Social Progress

Paid menstrual leave is not merely a workplace benefit  it is a symbol of dignity, equality, and empathy. Addressing menstrual health through policy reflects a mature society that values the contributions and wellbeing of all its members.

India stands at a crossroads. With judicial recognition of the issue as a legitimate policy matter, emerging state experiments, and global momentum behind gender-sensitive workplace reforms, the time is ripe to make menstrual leave a mainstream reality.

A future where menstruation is neither ignored nor stigmatized  but accommodated with respect and fairness  is not just possible, it’s essential for India’s progress.