After the Supreme Court denied a petition asking for a national policy to provide working women and female students with paid menstrual leave, the issue of sensitivity and woke-ness around menstrual leave for women just returned to the discussion table in India.
And boy, was it much needed?
The Supreme Court bench noted that making paid menstrual leave a mandatory provision through legislation could have unintended adverse effects on employers’ willingness to hire women.
The Public Interest Litigation (PIL) argued for a uniform policy for all women that would provide them with two to three days of leave from work each month while they were menstruating.
According to the Supreme Court bench led by Chief Justice Surya Kant, the judges rejected the PIL.
Hmm, wondering why this is happening in 2026? They had some points that they put across.
It was pointed out that this could prevent the hiring of women by companies. The judges stated that it may give rise to a belief that female employees are less valuable than male employees, impeding their ability to further their careers.
The court made some comments from a business pov, questioning whether or not employers could adapt to such an ongoing requirement for women, and if this type of policy could potentially ineffectively distribute the workload of women’s assignments as they relate to long-term employment.
For these reasons, the court dismissed the application and stated that the judiciary cannot prescribe a uniform policy on the national level. It would need to be done through the efforts of those making laws.
Hmm, sounds like a pickle.
PIL That Started This Debate
The original application was filed by Shailendra Mani Tripathi, an attorney who believes that there are currently no provisions for a uniform policy on menstrual leave within India and that many female employees are subjected to excessive pain and discomfort caused by their menstrual cycles on a regular basis.
Mr. Tripathi proposed that the courts should provide each female employee with two to three days of menstrual leave every month as a method of allowing them the opportunity to cope with the physical impact of their menstrual cycles.
Sounds fair up until now, right?
The petitioner was also represented by Senior Counsel MR Shamshad before the court. Mr. Shamshad explained that there were numerous other institutions and states around the country with a similar type of leave in place already, proving that the success of implementation should be possible.
While refusing to mandate menstrual leave, the Supreme Court pointed out that the Union government could consider creating a policy framework after consulting different stakeholders.
This suggestion is not new. In earlier hearings on similar petitions, the court had directed the Union Ministry of Women and Child Development to examine the issue and engage with state governments and other stakeholders to explore possible policy solutions.
The bench reiterated that it expects the government to earnestly consider the issue and examine the feasibility of a national framework.
Menstrual Leave Continues to Be a Divisive Issue in India
There is no question that menstrual leave continues to be a divisive issue in India, with strong arguments both for and against such a policy.
Those in favor of the policy argue that menstrual leave recognizes the biological nature of a woman’s menstrual cycle, and by doing so will allow women to take time off from work when they are experiencing significant abdominal pain, fatigued, experiencing nausea, or other symptoms from their menstrual cycle that limit their productivity.
This is supported by public health experts and gender rights advocates, all of whom believe that having menstrual leave for women will improve the support and health of women at work; therefore, entitling women to additional time off during their menstrual cycle would improve the workplace.
Additionally, it has also been argued by some experts that if women cannot take this time off from work, they will be required to perform their duties at work in unsafe or uncomfortable conditions.
On the other hand, however, opponents of this proposed policy express concerns that if made a part of the workplace, it will reinforce stereotypes of women being less capable or being inferior, which will instead exacerbate workplace discrimination against women.
Many women may also not request or take this leave due to the stigma surrounding menstruation as a taboo in the society in which they live.
Lawyer and public health advocate Sukriti Chauhan stated that in India, there are laws that already safeguard dignity of labor, promote gender equality, and provide safe working environments.
According to Chauhan, failure to provide employees with menstrual leave may violate these principles because it ignores the health concerns of women.
Chauhan also pointed out that offering menstrual leave could actually lead to increased productivity and efficiency, as women will return to work after getting an adequate amount of rest.
Conversely, there are some policy analysts who believe that instead of implementing mandatory leave policies, businesses should focus on providing flexible working arrangements, health supports, and encouraging inclusive working environments.
Menstrual Leave Policies in Other Countries
India is not unique in struggling with this issue, as many countries have developed their own versions of menstrual leave policies.
Nations like Spain, Japan, South Korea, and Indonesia have introduced menstrual leave via labour laws or workplace policies.
For instance, in 2023, Spain introduced a new law allowing women with debilitating menstrual cramps to take paid medical leave while experiencing menstruation.
Japan has allowed menstruating women to take medical leave since 1947; however, many women do not take advantage of the benefit due to fear of being judged by co-workers.
South Korea and Indonesia both have menstrual leave laws but have differing levels of enforceability/implementation.
Menstrual Leave Policies In India
Menstrual Leave is not National Law, but there are Menstrual Leave Laws in some states:
– In Bihar and Orissa, Women Are Allowed 2 Day Of Menstrual Leave Each Month When Working For The Government
– Kerala offers Menstrual Leave To Students At State Universities/Training Institutes
– Karnataka Has An Option To Give 1 Day Of Menstrual Leave Monthly.
There Are Also Numerous Companies In The Private Sector Who Are Experimenting With Menstrual Leave Policies.
Some Of Those Are:
– RPG Group Provides A Policy Of 2 Days Of Menstrual Leave Each Month At Its Subsidiary CEAT.
– Engineering Company Larsen & Toubro Has Instituted A Policy Offering 1 Day Of Menstrual Leave Per Month For Employees.
– Food Delivery Service Zomato Allows Employees To Take Up To 10 Days Per Year Of Menstrual Leave.
Bravo! These companies truly feel like a girl’s girl.