Indian States and Menstrual Leave: Legal Rulings, Current Policies, and Global Comparisons

Recent judicial directions from High Courts in Kerala and Tamil Nadu have brought renewed focus to the debate over menstrual leave policies in India. While there is no uniform national legislation governing the issue, a handful of States have introduced distinct rules for employees and students, alongside evolving legal interpretations by the Supreme Court of India.

What Happened

The Kerala High Court recently instructed the State government to take a decision within three months regarding a demand for paid menstrual leave for women conductors working with the Kerala State Road Transport Corporation (KSRTC). The directive followed a writ petition by three women conductors and the Forum for Justice, who requested two days of monthly paid leave. The court observed that providing limited menstrual leave with appropriate safeguards could foster a more inclusive workplace, boost productivity, curb presenteeism, and support employee welfare.

In a related development on July 28, 2026, the Madurai Bench of the Madras High Court directed the Tamil Nadu government to submit an interim report detailing the formation of a committee and the progress made toward creating a paid menstrual leave policy for women government employees, alongside advisory guidelines for private employers.

Key Highlights

• Bihar: The first State to establish a policy, granting women government staff two days of paid menstrual leave each month (24 days annually).
• Odisha: Provides one day of menstrual leave per month (up to 12 days annually) for women government employees up to the age of 55, usable on the first or second day of the cycle.
• Karnataka: Introduced a policy in 2025 granting one day of monthly paid menstrual leave across both public and private sectors.
• Kerala: Offers up to three days of monthly menstrual leave for higher education and university students by reducing mandatory attendance criteria from 75% to 73%.
• Sikkim: Provides two to three days of menstrual leave every month specifically for employees of the Sikkim High Court.
• Absence of Central Legislation: India has no national statute on menstrual leave, though multiple Private Members’ Bills have been proposed, including measures introduced by MPs Ninong Ering (2017, 2022), Shashi Tharoor (2018), and Hibi Eden (2022).
• Supreme Court Observations: In Shailendra Mani Tripathi vs Union of India (2023), the Supreme Court classified the issue as a matter of public policy rather than judicial mandate. Later, in Dr. Jaya Thakur vs Union of India (2026), the apex court recognised menstrual health as part of the right to life and personal liberty under Article 21.
• International Precedents: Several nations offer variations of menstrual leave, including Japan (introduced in 1947), Indonesia (1948/2003), South Korea, Vietnam, Taiwan, Zambia (2015), and Spain (2023, covered by social security).

Why This Matters

The absence of a central statutory framework has led to varied provisions across Indian States, creating differing levels of workplace and educational support for women. Studies referenced in legislative proposals indicate that nearly 40% of girls miss school during menstruation and 65% experience disruption in academic activities due to pain, stigma, anxiety, and inadequate infrastructure. Concurrently, courts and policymakers continue to deliberate on balancing employee welfare and health rights under Article 21 with concerns regarding informal sector worker realities and workplace dynamics.

What to Watch Next

Key developments to monitor include the Kerala government’s formal response to the High Court within the stipulated three-month timeframe regarding KSRTC conductors, as well as the interim progress report from the Tamil Nadu government submitted to the Madurai Bench of the Madras High Court regarding rules for public servants and guidelines for private establishments.

Frequently Asked Questions

Does India have a national paid menstrual leave law?

No, there is currently no central statute in India mandating menstrual leave for employees or students. Private Members’ Bills addressing the matter have been introduced in Parliament but none have been enacted into law.

Which Indian States currently offer menstrual leave?

Five States have specific provisions: Bihar (two days monthly for government employees), Odisha (one day monthly for government employees up to age 55), Karnataka (one day monthly for government and private sector workers), Kerala (attendance relaxation for higher education students), and Sikkim (two to three days monthly for Sikkim High Court staff).

What did the Supreme Court rule regarding menstrual health?

In 2023, the Supreme Court declined to mandate a nationwide leave policy, calling it a public policy matter. In 2026, in Dr. Jaya Thakur vs Union of India, the court recognised menstrual health as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution.

Source: The Hindu