Judicial Pressure Mounts as Indian States Forge Fragmented Menstrual Leave Policies

Judicial Interventions and State Responses

The push for menstrual leave in India is increasingly migrating from legislative chambers to courtrooms. In July 2026, the Madurai Bench of the Madras High Court ordered the Tamil Nadu government to submit an interim report regarding the formation of a committee tasked with drafting a comprehensive paid leave policy for state employees and private sector guidelines. Simultaneously, the Kerala High Court issued a three-month deadline for the state government to address a petition from Kerala State Road Transport Corporation (KSRTC) conductors. The court noted that limited leave could mitigate "presenteeism"—where employees are physically present but unable to function optimally—and enhance overall workplace productivity.

Current Status of Regional Policies

India lacks a unified central mandate, resulting in a patchwork of state-level regulations that vary significantly in scope and duration:

• Bihar: A pioneer in this area, providing two days of paid leave monthly for government employees since the early 1990s.
• Odisha: Offers one day of leave per month to state employees up to age 55, applicable on either the first or second day of the cycle.
• Karnataka: Introduced a policy in 2025 granting one day of paid leave monthly to both public and private sector workers.
• Kerala: Focuses on higher education, permitting students up to three days of leave per month by lowering the minimum attendance threshold from 75% to 73%.
• Sikkim: The High Court has established its own internal policy, allowing two to three days of leave for its staff.

The National Legislative Impasse

Despite several attempts via Private Members' Bills, no federal law exists. Efforts include Ninong Ering’s 2017 and 2022 Menstruation Benefits Bills and Shashi Tharoor’s 2018 proposal focusing on reproductive rights. Most recently, Hibi Eden’s 2022 bill proposed three days of monthly leave for women and transwomen. This bill cited data showing that nearly 40% of girls miss school due to menstruation, while 65% report that pain and stigma impede their academic participation.

The Supreme Court's Stance and Global Context

The Supreme Court has taken a cautious approach. In Shailendra Mani Tripathi vs Union of India (2023), the court declined to mandate a national policy, citing concerns that compulsory leave might inadvertently discourage the hiring of women in the informal sector. However, the 2026 ruling in Dr. Jaya Thakur vs Union of India marked a shift, with the court identifying menstrual health as an essential component of the right to life under Article 21.

Globally, India follows a precedent set by nations like Japan (1947) and Indonesia (1948). Spain became the first European nation to offer paid leave, while others like South Korea and Zambia provide monthly physiologic days. Taiwan offers half-pay for such leave, and Vietnam provides additional compensation for those who opt to work through their cycle.

Source: The Hindu — National