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<\/figure>\n\n\n\nSome people menstruate. That is not a mere thought or a social construct; it is a biological reality. Yet, societies continue to respond to this fact with discomfort, silence, shame, and, occasionally, outright denial.<\/p>\n
Recently, the Indian Supreme Court dismissed a plea demanding to set up menstrual leave for working women and students, claiming that such a law would \u201ccreate a psychological fear or impression among working women\u201d and make women think that they are \u201cless than men\u201d.<\/p>\n
What the case brings to light is urgent and troubling: is this an argument for equality or a silent refusal of the reality?<\/p>\n
In India, menstruation has existed in the shadows, hidden behind shame and silence. The word \u201cperiods\u201d is rarely mentioned in public, least of all in the presence of men. Women are encouraged to endure their menstrual pain, sometimes even without medicines. The sanitary napkins are bought from stores secretively, carefully gift-wrapped in newspapers, and then hidden in black polythene. If there are ever stains of period blood on clothes or bedsheets, they are immediately covered and treated as non-existent. Entry to a place of worship is forbidden, as is entry to kitchens, at times.<\/p>\n
It is not just a cultural practice; it is an internalised stigma surrounding menstruation in homes, offices, and public spaces.<\/p>\n
The top court\u2019s decision has sparked a debate on whether officially paid menstrual leave is a progressive step towards curbing the taboo or simply a reinforcement of the stereotype that women are not fit for workspaces.<\/p>\n
Many claim that failing to acknowledge the physiological differences in women amidst the call for equality is, essentially, being discriminatory. Jovita Rexy, an assistant professor at Indus Business Academy, Bangalore, says that the Supreme Court has been “gaslighting”. She explains:<\/p>\n
\u201cMenstrual pain is not optional, it is a recurring, physiological reality for many women. Personally, I end up using my regular leave or even facing loss of pay during difficult days. For women like me who have irregular and intense cycles, this becomes a monthly trade-off, and we are forced to give up our personal leave just to manage something that is not in our control.\u201d<\/p>\n
When women are obligated to perform in pain, then equality becomes performative, and it shifts responsibility away from the system. The argument is reinforced by Sukriti Chauhan, a public health scholar and lawyer who emphasises that refusing menstrual leave would harm the principles of workplace dignity and safety for women. She adds, “Denying menstrual leave violates these principles by forcing women into uncomfortable, undignified, or hazardous work environments.”<\/p>\n
Introducing menstrual leave is not a new idea, both nationally and globally.<\/p>\n
Japan was the first one to initiate menstrual leave, back in 1947. But its unpaid status has prevented many women from using it, as is the case in South Korea. In 2023, Spain became the first European country to provide paid menstrual leave to its female employees, funded by the public health system. It is a positive step in recognising that reproductive health and labour rights are not mutually exclusive.<\/p>\n
Closer to home, the Odisha government gives one day’s paid leave to its female employees every month, and in Kerala, female students and trainees in industrial training institutes can avail themselves of up to three days of menstrual leave, with some relaxation in their mandatory attendance as well.<\/p>\n
Female employees working with the Bihar State Government have 2 days of special paid leave every month since 1992, for both permanent and contractual staff members. Neha, a teacher in a government school in Bihar, observed:<\/p>\n
\u201cMenstrual leave for women is not just a holiday but a necessary relief. A leave of 24 days in a year, i.e., 2 days every month, gives us comfort from physical and mental stress during menstruation. We can take it anytime in a month as per our needs. It is a highly positive step which gives us the opportunity to take care of our health without any pressure. This way, we can better manage our work and life.\u201d<\/p>\n
These welfare schemes have extended to the informal sectors as well. For example, Larsen and Toubro offers one day’s leave a month, while Zomato offers an additional 10-day leave annually to its female employees.<\/p>\n
Indian workplaces remain, in many ways, patriarchal in essence \u2013 made by men, for men. From inadequate sanitation facilities to lack of access to menstrual products, from safety concerns to rigid attendance structures, these environments often fail to accommodate women\u2019s basic needs.<\/p>\n
At the same time, it is important to recognise that not all women experience menstruation the same way. While some can continue working, the majority face severe discomfort, fatigue, or pain. In such cases, flexible options such as menstrual leave or the ability to work from home are not privileges but practical accommodations, offering comfort, reducing the stress of commuting, and allowing women to manage their health with dignity, even if that simply means being able to lie down and recover when needed.<\/p>\n
The data reflects this exclusion. According to the Periodic Labour Force Survey, India\u2019s female labour force participation rate stands at just 35.3%, with significant disparities across urban and rural regions. If increasing women\u2019s participation is an economic and social priority, as it should be, then workplace structures must evolve accordingly. Inclusion cannot be achieved without accommodation.<\/p>\n
Menstrual leave does not mean providing \u201cextra\u201d benefits. It\u2019s acknowledging a universal biological fact and ensuring women are never punished for it. True equality does not mean equal treatment; it means equal conditions. If something as essential as menstrual leave decreases discomfort, boosts productivity, and restores dignity, the opposition says less about the policy and more about the lasting impact of social stigma.<\/p>\n
India has already successfully implemented paid menstrual leave on a state and institutional level, as mentioned above. Today, the question is not whether paid menstrual leave is a good idea or not, but whether we have the will to do it on a national scale. For millions of women, such an issue is not just a theoretical or intellectual discussion. It is a monthly requirement that needs to be put into practice immediately.<\/p>\n