In simple words, menstruation, also called a period, is the monthly process in which a female body releases blood and tissue from the uterus (womb) through the vagina. At the same time, menstrual health denotes a state of complete physical, mental, and social well-being connected to a female's monthly period. According to the World Health Organisation (WHO), it is not just the absence of disease. It means having the support, knowledge, and tools to manage a female's cycle with dignity.[1] Over decades, the problem of menstrual health has been a topic of intense discussion amongst health experts and the enlightened citizens in India. There is no denying the fact that among ordinary people, this issue remained almost dormant due to prevailing societal norms. However, for the suffering females, the menstruation period proves to be a nightmarish experience on many counts. Firstly, there is no adequate menstrual hygiene management system in place to address all the concerning issues related to this problem. However, the most ticklish issue is the centuries-old mindset of the male community, which is totally insensitive to females' agonies. Strangely, this problem of menstrual health among females is persisting in the 21st century that is widely known as the age of science and technology.

Rinku Ghosh, the senior associate editor of The Indian Express, in an article, has observed that “Let's get this right. Menstruation is a physiological process, not a disease. There is no need for its medicalisation. Most studies show that approximately 5 per cent of women experience menstruation that is debilitating or severe enough to disrupt their daily lives, such as requiring them to stay in bed or miss work/school.”[2] However, there are several other issues related to menstruation which need urgent attention. These are the lack of access to health-care products during menstruation, clean water and toilets, showing ‘gendered lack of equity.’ According to the National Family Health Survey (NFHS-5)-5 data, the percentage of women aged 15-24 years using hygienic methods during menstrual cycles has risen to 77.3% in NFHS-5 from 57.6% in NFHS-4. However, it still leaves about a fourth of all women of eligible age in the country adrift, without support. While the Ministry of Drinking Water and Sanitation under the Swachh Bharat Abhiyan has stated that it has developed the guidelines on menstrual guidelines on menstrual hygiene management for creating awareness in rural areas, implementation lacks thrust, which appears to be patchy, and the energy is project-based, not sustained. In addition, fragmented though well-meaning efforts by non-governmental organisations have formed the bulk of interventions for the last so many years, but a larger force is needed to erase this stigma.[3]

In this context, it would be interesting to know what the Supreme Court of India has observed on the twin issues of menstrual health and mandatory menstrual leave as such.

Menstrual Health

In the last week of January 2026, a division bench of Justices JB Pardiwala and R Mahadevan of the Apex Court, in a case, Dr Jaya Thakur v. Union of India, filed by one Jaya Thakur highlighting the lack of Menstrual Health Management (MHM) measures in schools across the country, declared that the ‘right to menstrual health is an integral part of the fundamental right to life guaranteed under Article 21 of the Indian Constitution.’ The bench held that menstruation does not merely raise sanitation concerns but implicates "personal liberty, privacy, and decisional freedom.” The Court stressed that menstruation cannot be reduced to sanitation alone and instead concerns a girl child's autonomy over her body and her ability to manage a natural biological process in privacy with dignity. The Court held that “Menstrual hygiene management is not confined to sanitation. It includes bodily autonomy and decisional freedom. The denial of adequate facilities, appropriate sanitary products, or privacy compels a girl child to manage her body in a manner dictated by circumstances rather than choice, which is antithetical to the right to life with dignity under Article 21.”[4]

The Court passed the order to the Union government to ensure free sanitary pads and separate toilets for girl students in Classes 6 to 12 in government-aided schools.[5]

1. The Court examined whether the absence of separate toilets for girls and lack of access to menstrual hygiene products violated the right to equality under Article 14, the right to life and dignity under Article 21, and the right to free and compulsory education under Article 21A read with the Right of Children to Free and Compulsory Education Act, 2009. The Court answered these questions affirmatively.
2. The Court further directed all States and Union Territories to ensure effective and time-bound implementation of menstrual hygiene facilities in all schools, including residential and special schools. This mandate includes regular “supply of sanitary products, maintenance of toilets, provision of water and disposal systems, and monitoring at the school level.”[6]
3. The Court also ordained that the States and Union Territories must also conduct awareness and sensitisation programmes for boys, teachers and school staff to dismantle stigma around menstruation and create safe, inclusive school environments.[7] (Ibid.
4. The Court also directed governments to ensure that policies remain inclusive and intersectional, taking into account the needs of “girls from marginalised communities, children with disabilities, and those living in remote or resource-poor settings.” The Court specifically called for accountability and a monitoring mechanism to ensure compliance.[8] (Ibid.)
5. The Court said that States and Union Territories must establish Menstrual Hygiene Management Systems in schools, equipped with spare uniforms and essential materials to address menstrual emergencies.[9] (Ibid.)
6. The Court said that the State cannot force a child to choose between dignity and her education. Such a choice was neither just nor equitable. The failure to provide sanitary napkins created a gender-specific barrier that impedes attendance and continuity in education, thereby defeating the substantive guarantee of free and compulsory education.[10]

The Apex Court's Directions in Nutshell

1. Centre to frame national policy on menstrual hygiene management.
2. Policy must ensure free or subsidised menstrual absorbents for girl students.
3. States to ensure separate functional toilets for girls in schools.
4. Conduct regular sensitisation programmes on menstrual health in schools.
5. Curriculum should include age-appropriate menstrual health education.
6. Govts. must ensure dignity, privacy and bodily autonomy of menstruating persons in all educational institutions.
7. Special attention to marginalised and economically weaker sections.
8. Periodic monitoring and compliance mechanisms must be put in place.
9. Centre and States to implement the directions within 3 months.[11]

Mandatory Menstrual Leave

In another case, Shailendra Mani Tripathi vs. Union of India, before the Supreme Court, reiterated its concern by the division bench of CJI Surya Kant and Justice Joymalya Bagchi reiterated its concern that making menstrual leave for women mandatory could disadvantage women, as it could make employees wary of recruiting them. This ruling saw the light of day on 24 February 2023. The Court said, “Affirmative action in respect of women is constitutionally recognised. But look at the practical reality in the job market. The more unattractive the human resource is, the less the possibility of consumption in the market. These are also factors to be looked into…... You are right, we will see it from the rights regime. But look at it from the business model. Will an employer be happy with the competing claims of other genders?” said Justice Bagchi.[12]

The Bench also questioned the locus standi of the petitioner, Shailendra Mani Tripathi, and wondered why no woman had approached the court. The petitioner had moved the court twice in the past. His first petition was disposed of in February 2023, allowing him to give a representation to the Centre. He moved the Court again in 2024, contending that the government had not responded to his representation. The Court then asked the government to take a policy decision. During the arguments stage, it was brought to the notice of the Court that the States of Bihar, Karnataka, and Odisha had menstrual leave provisions while Kerala had allowed it in schools. Even some private institutions, too, had allowed it. Responding to it, the CJI said, “That is a very good thing…But the moment you introduce it as a law, as a compulsory condition, you do not know the amount of damage you will do to their career. Nobody will give them responsibilities. Not even in judicial services, a normal trial will be assigned to them”, he added. Creating a right to take leave for two days every month may deter the entire private sector, the CJI said.

Rinku Ghosh, in an article, observes that “In countries that have made menstrual leave an official policy, results have been mixed. Spain has seen low usage. In South Korea, the unpaid nature of leave has discouraged participation. And in Zambia, the policy has been “abused” by some workers as an extra holiday, causing debate among employers. Closer to home in Karnataka, which introduced a paid leave each month, compliance has been mixed.” Besides, such rules cannot apply in the unorganised sector, where every single day's wage matters.[13] In the given situation, “We need”, says Mitali Nikore in an article, “more empathy. Even without legal mandates, some companies are beginning to recognise that offering period leaves or work-from-home options for menstruators who require rest/medical attention improves employee morale, increases loyalty, and boosts labour productivity. Private companies can offer flexible work arrangements or even leave, as a benefit to their employees who menstruate, per their choice.”[14] Undoubtedly, the alternative system can work, even if there are no laws or rules to this effect.

The long-standing problem of menstrual health needs urgent remedial action as it comes as an impediment to women's all-round progress everywhere. Now, it is not seen merely as a medical and health problem. It has assumed the dimensions of a socio-economic problem related to women who are fast becoming the flagbearers of progress along with their male counterparts. However, there is no proper menstrual hygiene management system in place yet, either in educational institutions or in other workplaces of women's choice. If this is given the top priority by the planners and the implementers of government policies alike, the nagging problem of menstrual health would be taken care of within a short time. The Supreme Court has given a slew of directions in this regard, which will certainly revolutionise women's lives, if implemented speedily and spiritedly by all concerned. In that case, there will be no need for any mandatory menstrual leave for them. Because taking leave for this purpose will be tantamount to their unacceptability as a potent workforce in the corporate sector, at least. This is high time that women in general be allowed to live in a safe and clean environment with dignity and grace. Undoubtedly, a lot of work in this direction has been done by the government agencies on this behalf, yet a lot more needs to be done in a given time frame. The respective governments should ensure proper policy formulation in this regard at the earliest, and all financial constraints should be removed in this regard. No desired results in the context of economic progress can be achieved without the equitable contribution of women. Menstruation should no longer be a stigma or a social castration for women in the future. A solid beginning has to be made without losing further time.

Reference

1. World Health Organisation (WHO), available at https://www.who.int.
2. Rinku Ghosh, Menstrual leave can be disempowering, The Indian Express, Mar 20, 2026.
3. Editorial, The Hindu, Feb 2, 2026.
4. Ayesha Arvind, Menstrual hygiene is part of right to life: SC, Hindustan Times, Jan 31, 2026.
5. Ibid.
6. Ibid.
7. Ibid.
8. Ibid.
9. Ibid.
10. Krishnadas Rajagopal, Menstrual health in schools is integral to right to life: SC, The Hindu, Jan 31, 2026.
11. Ayesha Arvind, Menstrual hygiene is part of right to life: SC, Hindustan Times, Jan 31, 2026.
12. Express News Service, The Indian Express, March 13, 2026.
13. Rinku Ghosh, Menstrual leave can be disempowering, The Indian Express, March 20, 2026.
14. Mitali Nikore, Let's talk about menstrual leave, who bears the cost, The Indian Express, March 19, 2026.

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