Bhaghamma G (Mysore) and Prof. (Dr.) Ramesh (Mysore) have posted to SSRN their article Addressing Menstrual Stigma: The Case for Implementing Menstrual Leave as a Legal Provision in India, 5 Indian J. of L. & Legal Research __ (2023). Here is the abstract:
This paper explores the need for a legal provision for menstrual leave in India to address the stigma surrounding menstruation and promote gender equality in the workplace and society. Menstrual leave refers to a policy that allows women to take time off from work or school during their menstrual cycles. While some companies in India have voluntarily introduced menstrual leave policies, there is no legal provision for it yet. The paper argues that a legal provision for menstrual leave is necessary to ensure that women are not discriminated against in the workplace and have the right to take time off during their menstrual cycles. However, the paper also acknowledges concerns about the implementation of menstrual leave policies and suggests that the policy should be carefully crafted, with proper guidelines for its implementation, to address concerns about its misuse and promote gender neutrality. Ultimately, the paper concludes that implementing a legal provision for menstrual leave in India is crucial for addressing menstrual stigma and promoting gender equality in the workplace and society.
The full paper is available here.
In our book, Menstruation Matters: Challenging the Law’s Silence on Periods (2022), Emily Waldman and I caution that menstrual leave–at least in the U.S. context–might lead to increased discrimination.
