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 well- being 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.