Menstrual Leave In India: A Socio-Legal Examination Of Rights, Equality, And Workplace Policy
- IJLLR Journal
- Jul 4
- 1 min read
Saniya Sayyed, New Law College, Bharati Vidyapeeth University
Introduction
“We believe men and women are born equal. But it’s not enough to say it. We have to act on it.” — Deepinder Goyal, CEO, Zomato (on launching menstrual leave policy in 2020)
In August 2020, food delivery giant Zomato became one of the first major Indian companies to introduce a menstrual leave policy, granting up to 10 paid leaves per year to menstruating employees. While the move was widely celebrated as progressive, it also ignited a contentious debate: should menstruation be treated as a health challenge requiring policy accommodation, or does such special treatment reinforce gender-based stereotypes and discrimination?
This is not a question limited to India. Globally, the issue of menstrual leave has gained renewed traction. Spain, in 2023, became the first European country to pass a law granting three to five days of paid menstrual leave per month, a policy hailed as a breakthrough in reproductive rights.
Meanwhile, countries like Japan and Indonesia have had menstrual leave laws in place for decades, albeit with limited use due to workplace stigma.
Despite the biological and medical reality of menstruation affecting nearly half the population, silence and shame continue to surround the topic, especially in professional spaces. The workplace, often shaped by patriarchal norms, treats menstruation as a private, taboo subject rather than a legitimate issue of health, dignity, and productivity. As a result, women frequently manage severe cramps, fatigue, and emotional stress while conforming to an environment designed around male-centric standards of “productivity”.
