ABSTRACT
Menstrual leave refers to all policies that allow women and transwomen employees and students to take time off work, school and university during the period of menstruation as they experience pain, cramps, heavy bleeding, nausea, light-headedness and other forms of discomfort during this time. The condition gets worse when a woman is suffering from Polycystic Ovarian Disease, endometriosis or dysmenorrhea. Labour laws in India does not make any provision for paid menstrual leave for women. As early as in the mid 20th century, A Japanese statute called Labour Standards Law of 1947legally requires an employer to allow a woman employee to avail leave on days of the menstrual cycle as and when requested. Many countries Indonesia, South Korea and Zambia brought inspiration from this law and included the similar provision in their labour laws. In India there is no law in force mandating companies and institutions to provide paid menstrual leave to women and as a result women have no right to claim such leave and the companies do not bother to frame any policy in that regard. The Supreme Court of India in February 2023 rejected a Public Interest Litigation filed under Article 32 of the Constitution of India seeking an order to direct all Indian States to frame a policy for paid menstrual leave for female students and working women under the provisions of the Maternity Benefit Act 1961 through an order dated 24-02-2023. The Court considered it as a policy matter and directed the Petitioner to submit a representation to the Union Ministry of Women and Child Development which may take an appropriate decision.[1]
This research paper aims to comprehensively analyze the scope of menstrual leave policies in the India. Focusing on the legal framework, and current practices, the study delves into the multifaceted dimensions surrounding menstrual leave. This research paper examines the need of paid menstrual leave policy based on the statistics signifying effect of menstrual pain on productivity. Moreover, the study investigates societal perceptions and challenges faced by women in exercising their right to menstrual leave.
Keywords: Menstrual leave, Labour laws, legal framework, survey, productivity.
[1] Shailendra Mani Tripathi v. Union of India AIR 172/2023 SCC OnLine