From Maternity Leave to Menstrual Leave: Tracing Women’s Ongoing Struggle for Workplace Dignity in India’s Labour Laws.

This legal article explores the evolving discourse on menstrual leave in India, contextualizing it within the broader struggle for women’s workplace rights. Historically, Indian women have faced a protracted battle even to secure maternity leave—an entitlement tied to a natural biological process. Extending this discourse, the article examines the proposition of menstrual leave, another health-related necessity rooted in women’s physiology. The discussion navigates the polarized opinions surrounding this issue, categorizing them into affirmative & dissenting views, and highlights the socio-cultural reluctance to acknowledge menstruation as a legitimate ground for workplace policy reform. A comparative global lens is adopted to underscore how several countries have implemented progressive menstrual leave policies, setting a precedent that India has yet to follow. These international models demonstrate improved employee well-being and workplace productivity, challenging the apprehensions surrounding such reforms. The methodology employed in this article includes doctrinal legal research, drawing from books, scholarly journals, relevant labor law statutes, and credible online sources. By examining both the maternity and menstrual leave frameworks, the article underscores the biological linkage between the two and advocates for a rights-based approach to women’s health and dignity at work. The piece aims to inform, provoke dialogue, and contribute to policy development in Indian labor law.