PIL Filed for Menstrual Leave in Universities and Workplaces: Supreme Court to Hear Debate on Dignity and Equity
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- 21 Apr 2025 --
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In a move that could redefine gender-sensitive policy in Indian institutions, a Public Interest Litigation (PIL) has been filed in the Supreme Court of India, seeking the implementation of mandatory menstrual leave policies in universities, colleges, and workplaces across the country.
The PIL, filed by a Delhi-based law student and supported by several women’s rights organizations, calls for recognition of menstruation as a legitimate biological and medical condition that deserves policy accommodation—not stigma or silence.
With over 35 crore menstruating individuals in India, the outcome of this case could set a historic precedent in workplace and campus inclusivity.
What the Petition Demands
The PIL asks the Supreme Court to issue directives to:
- The Union Ministry of Women and Child Development
- The University Grants Commission (UGC)
- The Ministry of Labour and Employment
It seeks the formulation of a nationwide menstrual leave policy, including:
- Two days of paid menstrual leave per month for women and menstruating individuals in all universities, colleges, and public/private workplaces.
- The option to avail leave without submitting a medical certificate.
- No discrimination or penalization (such as attendance penalties or performance appraisal impact) due to menstrual leave.
- Mandating sanitary product availability, restrooms, and medical assistance in all educational and corporate campuses.
- Inclusion of transgender and non-binary persons in menstrual health policy discussions.
Why It Matters: The Silent Struggle of Millions
Menstrual discomfort isn’t just an inconvenience—it can involve:
- Severe cramps (dysmenorrhea)
- Nausea, fatigue, lower back pain
- Hormonal mood changes affecting concentration and productivity
Yet, most workplaces and academic institutions in India expect full attendance and performance during menstruation, leading many to push through pain in silence.
Studies show:
- Over 70% of women in India experience moderate to severe period pain
- Only 5% feel comfortable asking for time off due to social stigma
What the Law Currently Says
India has no national policy mandating menstrual leave. However, some isolated examples exist:
- Bihar has had a state government menstrual leave policy for women employees since 1992.
- Private firms like Zomato, Culture Machine, and Swiggy have implemented menstrual leave policies in recent years.
- The Kerala Government introduced menstrual leave for female students in 2023, and some universities followed suit.
But these are voluntary and fragmented efforts, with no legal consistency or protection for workers and students nationwide.
Arguments in Support of Menstrual Leave
Proponents argue:
- Menstrual leave is a matter of health and dignity, not privilege.
- The lack of such policies creates gendered disadvantages, forcing women to choose between health and career/education.
- A formal policy reduces absenteeism-related stigma and brings periods into mainstream policy discourse.
Advocate Karuna Nundy said:
“Menstrual leave is not a concession—it is a correction. A society that ignores biology is not inclusive, it is unjust."
Counterarguments: Risk of Reinforcing Bias?
Some employers and commentators worry that:
- Mandating menstrual leave may reduce women’s hiring prospects, particularly in small businesses.
- It might create stereotypes about women being less capable or more absent.
- Monitoring and implementing such a policy may be difficult and open to misuse.
However, many activists argue that such concerns are based on bias, not data, and that fears of “reverse discrimination” are used to justify inaction on women’s health issues.
International Perspective
Globally, menstrual leave exists in varying forms:
- Japan: Up to 2 days/month since 1947
- South Korea: 1 day/month (unpaid)
- Indonesia: 2 days/month
- Spain: Became the first European country to legalize paid menstrual leave in 2023
India has the opportunity to become a global leader in gender equity by creating a tailored, rights-based policy.
Supreme Court’s Initial Response
The Court has admitted the PIL and issued notices to the Centre, UGC, and key ministries for response. It observed:
“The issue touches on dignity, health, and equality. While workplace discipline matters, so does compassion in policy.”
The matter is expected to be heard in full in the coming months, with the Law Commission likely to be consulted.
What Happens Next: Possibilities
The Court may:
- Direct state and central governments to study feasibility
- Ask the UGC and corporate bodies to draft model menstrual leave rules
- Issue interim guidelines to protect menstruating individuals from discrimination
Toward a Policy That Bleeds Fairness
This PIL isn’t just about leave—it’s about legitimacy. It seeks to transform menstruation from a whispered taboo into a recognized concern, with policy muscle behind it.
Because no one should have to hide pain to keep pace, or earn dignity with silence.
Whether in a college classroom or a corporate boardroom, the right to health and equality must include the right to rest, recover, and return without penalty.
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