The Centre of Indian Trade Unions (CITU) expresses its serious concern and strong disagreement with the recent observations of the Supreme Court of India, while disposing of a petition seeking a nationwide policy on menstrual leave. The Supreme Court bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that mandating menstrual leave may harm women’s career prospects as employers may become reluctant to hire women. While directing the Union Government to examine the possibility of framing a policy after consultations with stakeholders, the Court refused to mandate menstrual leave, citing apprehensions that it may adversely affect women’s employment opportunities. This is a fallacious and misleading textbook response of neoliberal advocates who portray all labour rights as obstacles to the so-called “ease of doing business.” It is the same anti- worker, anti-women approach that informed the Supreme Court’s recent response to making minimum wages applicable to domestic workers.
The introduction of a menstrual leave policy will have a significant implication for all working women in every sector, especially in a country like India, where menstrual health is often stigmatized and not given priority. Implementing this policy is crucial for effectively addressing many public health concerns. Around 26% of the population in our country (36 crore women) menstruate. Menstruation is a natural biological process and many studies suggest that 50-90% of females experience painful menstrual cramps, and chronic conditions like endometriosis, adenomyosis, and polycystic ovary syndrome are associated with severe pain, heavy bleeding, fatigue, and other symptoms. Denying the need for institutional support in workplaces only invisibilises women’s health concerns.
It may be pointed out that Karnataka has already mandated 1 day off per month for menstrual leave without medical certification for employees in the formal sector and government employees in some states like Bihar and Odisha also get menstrual leave. Kerala has menstrual leave for students. Several countries like Japan, Indonesia, Zambia, Italy, Spain, Ireland and some provinces in China and South Korea have already implemented such policies with positive results. Thus, it is all the more important to have a national menstrual leave policy to help our working womenfolk to rest properly and seek necessary medical help for menstrual health issues without fear of workplace repercussions.
CITU believes that such reasoning by the Apex court reflects a deeply flawed and pro-employer approach which shifts the burden of discrimination onto women workers instead of confronting the structural discrimination that exists in the labour market. The argument that women’s rights at the workplace should be curtailed because employers may discriminate against them is unacceptable. By that logic, many progressive labour protections for women - including maternity benefits, workplace safety norms, and equal opportunity measures - would never have been enacted.
It is a fact that the women employees are discriminated in recruitment, promotion etc., for availing maternity leave etc. Instead of diluting or opposing protective measures, the State and judiciary must ensure strict enforcement of anti-discrimination norms and create conditions where employers cannot penalise women for biological and health-related needs.
The observations are particularly surprising given that the Supreme Court of India itself recently recognised menstrual health and hygiene as part of the “Right to Life and dignity under Article 21 of the Constitution”, affirming the State’s obligation to ensure conditions that protect women’s health and dignity. If menstrual health is a fundamental right, workplace policies must necessarily reflect that constitutional commitment. CITU reiterates the longstanding demand of the All India Coordination Committee of Working Women (CITU) that the Government must frame a comprehensive national policy and on menstrual health and workplace rights. CITU also demands to enact the Right of Women (both for working women and female students) to Menstrual Leave and Free Access to Menstrual Products Act.
Menstrual leave is not a concession but a necessary measure for substantive equality and humane working conditions. Women workers do not need paternalistic arguments about how their rights may harm their careers. What they need are stronger labour protections, enforcement of equality, and recognition of their health and dignity at work.
CITU and the All India Coordination Committee of Working Women (CITU) will continue to mobilise and struggle for comprehensive labour rights and gender-just workplace policies across the country.
CITU calls upon all working people in general and all its affiliate in particular to intensify our fight for gender-specific issues demanding government to frame national policy on menstrual leave along with general demands of workers so as to mount our united class resistance holistically against the retrograde policies of the ruling class.
Issued by
Elamaram Kareem
General Secretary
