Menstrual Leave In India: The Case For A Uniform National Framework

Introduction 

“Men and women stand equal in the eyes of the law; yet, they are biologically distinct.  To acknowledge such differences, particularly in matters concerning health, dignity, and bodily autonomy, is not to transgress the guarantee of equality, but to give it substantive meaning.”¹

Despite the biological reality of menstruation and the varying degrees of discomfort/ conditions associated with it, India lacks a comprehensive national framework for menstrual leave.  The result is that millions of menstruating persons navigate their workplaces without any formal recognition of a recurring biological need.

This article examines the constitutional foundation, judicial pronouncements, legislative developments, and policy considerations that support the case for a uniform national menstrual leave framework in India.