A quiet but unmistakably significant moment unfolded inside the Supreme Court complex this week, when officials from the Centre for Research and Planning (CRP) presented a detailed White Paper on Menstrual Leave White Paper on. While it wasn’t a full-fledged hearing, the interaction felt like one - judges, researchers, and senior administrative officials discussing what many workers across India have long whispered about: Why does the law still treat menstruation as an invisible burden?
The paper places the issue squarely within the constitutional framework. One senior official casually remarked, “If dignity is a constitutional guarantee, then ignoring menstrual discomfort at workplaces is basically ignoring dignity itself.” The comment drew nods across the room, and honestly, a few embarrassed smiles too - because the point hit home.
Menstruation as a Workplace Barrier
The document opens with hard medical truths: cramps, fatigue, nausea, PCOS, endometriosis, and other conditions that frequently disrupt employees’ ability to function White Paper on. Yet workplaces still behave as if everyone must soldier on.
As one CRP researcher put it, “Presenteeism is real - people come to work sick and still lose productivity. We need to stop pretending that pain disappears just because attendance registers demand it.”
The paper argues that menstrual leave is not a privilege but a health-based accommodation rooted in Article 21’s right to life and dignity. It also links the issue to Article 15(3), which allows the State to create special provisions for women - but expands the lens by citing the Supreme Court’s NALSA judgment, emphasising that sex includes gender identity. Meaning: transgender and non-binary menstruators must be included.
That point shifted the discussion's tone entirely. “Policies cannot remain stuck in 1950s biology,” a CRP contributor commented. “Menstruation isn’t limited to cis women - the law must reflect lived realities now.”
Constitutional Roots, Modern Realities
The White Paper walks through Constituent Assembly debates and judicial precedents, showing how the judiciary has repeatedly tied workplace equality to dignity, autonomy, and health. Citing cases from Vishaka to Puttaswamy and the recent Jane Kaushik decision, the document frames menstrual leave as a natural extension of established rights White Paper on.
In the chamber, an official summed it up in simple words: “We already recognise maternity as a biological reality. Why not menstruation, which is monthly and lifelong for many?”
Policy Gaps and Uneven Practices
While Bihar, Odisha, Kerala, Karnataka, and some universities provide menstrual leave, the paper notes huge inconsistencies across India. Students in some institutions get relaxed attendance rules, while workers in most private and public sectors still rely on “adjustments” or informal favours.
And the trans community? The White Paper bluntly states that most schemes don’t even acknowledge their existence.
International Perspective
Japan, Indonesia, South Korea, Taiwan, Zambia - the paper reviews global models, noting that many countries offer menstrual leave, though stigma often reduces its usage. “India must learn from this - legal rights mean little when social judgment stops people from exercising them,” a CRP member casually noted.
The Court’s Sense of Direction
The session ended without a formal order - because this wasn’t a case. But the Chief Justice’s office encouraged the CRP to circulate the report widely. The White Paper itself concludes with a clear message: menstrual leave enhances equality, strengthens workforce participation, and aligns India with modern human-rights standards.
In short, the Supreme Court now has before it a researched, constitutional, and socially grounded roadmap. Whether Parliament or ministries act next remains to be seen - but after today’s discussion, the momentum is unmistakably shifting.
Document Title: White Paper on Menstrual Leave – Supreme Court of India
Prepared By: Centre for Research and Planning (CRP), Supreme Court of India
Document Type: Policy White Paper
Publication Month & Year: November 2025