Chief Justice Surya Kant rejected Shailendra Mani Tripathi’s petition seeking a nationwide menstrual leave rule for working women and students. This has sparked a public debate about whether the verdict is fair or whether it is indifferent to the plight of women in the country. However, the conversation remains narrow and often presents leave as a single, sufficient solution. This article aims to argue for a broader, more nuanced intervention: the right to care facilities at work, in education and at home. “Right to Care” was recognized by the Human Rights Council as important for the respectful existence of the individual in society. Inspired by this, this article will call for menstruating women’s access to infrastructural support and a compassionate environment in India.
Menstruation is shrouded in mystery and shame
Menstruation has long been a taboo subject in the country, which often results in the girl/woman being confined and her freedom of movement within or outside the home being restricted. Their existence “at this time of the month” is shrouded in mystery and shame, making it difficult to share their discomfort, pain, or “lived experiences” with peers or family members. During this time, even unhygienic methods are used to restrict body flow, which can lead to serious health problems in the long run. Access to products such as sanitary pads or menstrual cups gradually paved the way for better management of the cycle. However, the procurement of sanitary products by women of all classes in states like Assam, Bihar, Gujarat, Karnataka and Madhya Pradesh is not satisfactory even in 2025.
Menstruation has long been a taboo subject in the country, which often results in the girl/woman being confined and her freedom of movement within or outside the home being restricted. Their existence “at this time of the month” is shrouded in mystery and shame, making it difficult to share their discomfort, pain, or “lived experiences” with peers or family members.
A number of health programs introduced by the Indian government, such as the Menstrual Hygiene Promotion Program under Rashtriya Kishor Swasthya Karyakram, have been implemented to raise awareness adolescent girls and simplify their access to sanitary pads. These policies and awareness programs have changed the way menstruation is perceived in contemporary India. It is no longer the private problem of a woman but the responsibility of a nation to provide adequate facilities to the adolescent girls so that they can continue their normal lives “during this time of the month”. However, the respectful presence of menstruating women/girls in public life cannot only be guaranteed through access to hygiene products; Fighting against the age-old, regressive rules of society and the shame that comes with the physiological fact is a reality they face, especially in the rural belt.
The journey from isolation to public attention, from mismanagement to healthy containment of body flow, from shame to medical intervention is long and involves the lifelong struggle of feminists, ordinary women, schoolgirls and other sympathizers. In a country like India, where the fight for the dignity of menstruating women is still in its infancy, granting leave risks once again relegating the issue to the private sphere. For this reason, providing federally paid menstrual leave may not be the best solution.
An invisible epidemic
With adequate access to hygiene products, dysmenorrhea (the medical term for severe menstrual pain) is said to require a break from normal life. In recent years, dysmenorrhea among Indian girls has spread rapidly, often resulting in an “invisible epidemic.” Many argue that pain was previously stigmatized or normalized and therefore silenced. It is important to go deeper and highlight other causes as well. Severe pain or secondary dysmenorrhea is often a symptom of a gynecological problem such as endometriosis, polycystic ovary syndrome (PCOS) or adenomyosis. This is not a normal condition that can be alleviated or cured by rest, as the menstrual leave rule provides. This requires medical intervention and treatment. Instead of leaving, it is recommended that the government or recruitment agency work to increase awareness and access to appropriate medical care.
Although primary dysmenorrhea is not a disease, it is not a permanent condition and can be cured with medication, lifestyle changes and physical activity. In both cases, greater engagement with menstrual experiences is needed by physicians and recruiters. Furthermore, the discomfort and mild pain that accompany the cycle is not a two or three day affair; They vary from person to person and are also common during the premenstrual week. Vacation is not a viable option in this case. This makes it even more important to demand a menstrual-sensitive working environment. It is very unfortunate that many men in the country are still ambivalent about the ongoing physiological phenomenon and the corresponding experiences of their work colleagues or friends.
Workplace infrastructure, especially clean toilets, should be prepared to provide the necessary support to working women. Therefore, granting leave will not solve the problem of period pain; It must be treated with compassion or cured through medical insight. Women should not make their biology invisible in order to be “on an equal level” with men, as the chief justice noted. It is the company’s responsibility to ensure the well-being and dignity of its employees, in this case menstruating women. The focus should shift from the right to be absent (vacation) to the right to be present (care).
FII
The national regulation on menstrual leave is inadequate for two additional reasons. First, due to the gendered division of labor prevalent in most Indian households, staying at home during menstruation does not necessarily bring peace or relief to women. Domestic responsibilities remain and workloads are exacerbated by a lack of emotional recognition. Holidays will not apply here and so there is a need for supportive domestic spaces where discomfort can be articulated without stigma and workloads can be negotiated accordingly. Second, the situation is even more precarious for working-class women in informal or day labor work, as leave is neither accessible nor economically viable for them. Their exclusion from mainstream discourse highlights the urgent need for an intersectional framework that takes into account class, working conditions and domestic dynamics. Thirdly, school or college girls will miss lectures and classes if they are absent during their menstrual cycle. This will prevent them from reaching their full potential in their career. Vacation is not feasible for a significant proportion of Indian women and, as has already been argued, is not politically necessary. Policies and environments should be designed to ensure the presence of healthy, menstruating Indian women with dignity in public life and at home.
Finally, we should turn our attention to the Chief Justice’s callous comments: “No one will do it rent Women.” Menstruating women in India have come a long way, overcoming centuries of shame, disgrace and marginalization. Yet there is still a way forward to a healthier, supportive and respectful destination. At this crucial point, the remark implicitly portrays menstruation as an inconvenience that women must deal with privately. Such a view not only reinforces stigma, but also shifts responsibility away from institutions and workplaces that must accommodate embodied realities. We as a country should such Condemn subtle bias and affirm that managing menstruation is a social responsibility. Furthermore, this statement shows apathy towards the young professionals working in the corporate context, amid inadequate work-life balance, arbitrary layoffs and lack of welfare systems. All professionals need humanitarian recognition and a livable environment, as do menstruating women.
Women need additional care and support for physiological reasons, during pregnancy and maternity. In order to promote a harmonious, orderly society, it is the responsibility of the recruitment agency to maintain a conducive environment for women. It is important to see through the inadequacy of menstrual leave and prioritize the need for women to deserve a compassionate society, a healthy work environment to live in, and a supportive home to confide in. A dignified, healthy existence is a humanitarian right of menstruating women.
Usha Banerjeeis a research fellow in the Department of History, Kalyani University. She is a visiting lecturer in the Department of History at the Women’s College, Calcutta. Her research focuses on the social and cultural history of marginalized populations in India, with a particular focus on women, children, Dalits and refugee communities.
