Menstrual Leave In India: Workplace Protection Or A New Barrier To Gender Equality?
Madhumitha P, LL.M (Labour Law and Administrative Law), Government Law College, Thiruchirappalli, Tamil Nadu, India
Jeevadarani A, Assistant Professor of Law, School of Law, PRIST Deemed to be University, Vallam, Thanjavur-613403, Tamil Nadu, India
ABSTRACT
Menstruation is a natural biological process that can significantly affect women’s physical well-being, workplace participation and productivity. Despite increasing recognition of menstrual health as a matter of dignity and workplace welfare, menstrual leave remains a contested issue in India. While paid or protected menstrual leave may provide women with necessary support during periods of pain and discomfort, concerns have also emerged regarding its potential to reinforce gender stereotypes, influence recruitment practices and create unintended barriers to women’s equal participation in employment. This article critically examines menstrual leave in India from the perspective of labour law, constitutional equality and workplace protection. It analyses the existing legal and policy framework concerning menstrual health, equality and non-discrimination, while examining the competing arguments surrounding the introduction of a statutory menstrual leave entitlement. The article further explores whether menstrual leave should be understood as a protective labour measure, an equality-enhancing accommodation, or a policy that may inadvertently reproduce gender-based disadvantages. Through a doctrinal and analytical approach, the study seeks to identify the legal and policy challenges associated with menstrual leave and proposes an inclusive framework that protects menstrual health and dignity without compromising the principles of substantive equality and equal opportunity in employment.
Keywords: Menstrual Leave, Menstrual Health, Labour Law, Gender Equality, Workplace Protection, Women Workers, Constitutional Equality, Non-Discrimination, Equal Opportunity, Employment Law, Workplace Accommodation.
