Menstrual Leave in India

In March 2026, the Supreme Court of India expressed concerns that making paid menstrual leave a mandatory legal right might unintentionally lead to workplace discrimination and harm women’s career prospects.

Judicial Observations and Constitutional Rights

  • The Supreme Court recognized Menstrual Health and Hygiene as a fundamental right under Article 21 recently.
  • Petitioners argue that menstrual leave ensures the Right to Dignity and aligns with CEDAW international commitments.
  • However, the Court cautioned that compulsory statutory mandates could discourage employers from hiring women workers.
  • The judiciary favored voluntary menstrual leave policies through stakeholder consultation instead of a rigid national mandate.
  • Currently, Bihar and Kerala remain the ....
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