Surbhi Sachdeva, BBA LLB (H), Amity Law School, Noida
ABSTRACT
The article investigates the need of developing a legislative framework for menstrual leaves in India, with the intention to overcome the ubiquitous stigma linked with menstrual flow and foster equality between the sexes in employment and broader community. A framework that empowers menstruators to take a break from work or educational institutions during their menstrual cycle is known as menstrual leave. Several Countries such as Japan, South Korea etc, have incorporated the provision of menstrual leaves into their labour laws allowing their workers to take specific days off during that time. However, India still lacks any central legislation in this regard.
This article tries to present the argument that establishing a legislative framework for menstrual leave is vital to safeguard the rights of the menstruators and protect them against the discrimination in the workplace. It highlights the mental agony that menstruators face while experiencing excruciating physical pain, thus addressing the need to implement such policies. It also discusses the legality of these policies and examines whether they are constitutionally fair.
The article also explores the potential advantages and drawbacks of these policies that are essential to understand its full impact and implementation. The study concludes by emphasising the alternative ways to address the diverse needs of the menstruators through workplace accommodations thus, combating the menstrual stigma and promoting gender equality.
Keywords: Menstruation, Menstrual Leaves, Stigma, Gender Equality
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