Semester VI – National University of Study and Research in Law, Ranchi

LABOUR LAW - II

TOWARDS A COMPREHENSIVE POLICY ON MENSTRUAL LEAVE:

A COMPARATIVE ANALYSIS OF LABOUR LAWS AND THE DEVELOPMENT OF A
POTENTIAL MODEL FOR INDIA
(Project towards the fulfilment of Internal Continuous Evaluation for Labour Law - II)

SUBMITTED TO: SUBMITTED BY:

MR. SHANTANU BRAJ CHOUBEY BHANU SUHALKA

ASSISTANT PROFESSOR ROLL NO. – 1228
LABOUR LAW – II SEMESTER – VI ‘A’
 Semester VI – National University of Study and Research in Law, Ranchi

TABLE OF CONTENTS

ABSTRACT................................................................................................................................... 4

RESEARCH QUESTION ................................................................................................................. 5

RESEARCH OBJECTIVES............................................................................................................... 5

1. INTRODUCTION ................................................................................................................... 6

1.1 LABOUR RIGHTS........................................................................................................... 7

1.2 LABOUR STANDARDS FOR WORKERS IN INDIA .............................................................. 7

2. HISTORICAL BACKGROUND AND EXISTING LITERATURE ..................................................... 8

3. COMPARATIVE ANALYSIS OF GLOBAL LABOUR LAWS ....................................................... 10

A. JAPAN ......................................................................................................................... 11

B. INDONESIA ................................................................................................................. 12

C. ZAMBIA ...................................................................................................................... 12

D. ITALY .......................................................................................................................... 13

E. ANALYSIS....................................................................................................................... 13

4. THE INDIAN CONTEXT ...................................................................................................... 14

4.1 EXISTING LEGAL FRAMEWORK .................................................................................. 14

A. ARUNACHAL PRADESH ............................................................................................... 15

B. MAHARASHTRA .......................................................................................................... 15

C. BIHAR ........................................................................................................................ 15

D. KERELA ...................................................................................................................... 16

E. WOMEN’S SEXUAL, REPRODUCTIVE AND MENSTRUAL RIGHTS BILL ............................. 16

F. PUBLIC INTEREST LITIGATIONS ...................................................................................... 17

4.2 LACUNAE AND CHALLENGES IN IMPLEMENTING LABOUR LAWS FOR WOMEN

WORKERS ............................................................................................................................. 17

A. AMALGAMATION OF LABOUR LAWS IN THE CODE ON SOCIAL SECURITY 2020........... 18

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1. INADEQUACIES IN THE IMPLEMENTATION OF SOCIAL SECURITY PROVISIONS ............. 18

2. REGISTRATION CHALLENGES AND IDENTITY DOCUMENTATION .................................. 19

3. MATERNITY BENEFITS UNDER THE CODE ................................................................... 20

B. GAPS IN OCCUPATIONAL SAFETY AND HEALTH REGULATIONS ................................... 21

C. CONCLUSION: WAY FORWARD FOR THE RIGHTS OF WOMEN AS WORKERS ................. 21

5. DEVELOPMENT OF A POTENTIAL MODEL FOR INDIA .......................................................... 22

A. LEGAL FRAMEWORK .................................................................................................. 22

1. LEGISLATION .............................................................................................................. 22

2. DURATION AND ADAPTABILITY OF LAW ..................................................................... 22

3. NON-DISCRIMINATION POLICY AND CONFIDENTIALITY FRAMEWORK ........................ 23

B. SUPPORTIVE WORKPLACE ENVIRONMENT.................................................................. 23

1. POLICY DESIGN .......................................................................................................... 23

2. HYGIENE AND HEALTH MECHANISM .......................................................................... 24

3. EMPLOYER HEALTH POLICY ....................................................................................... 24

C. ECONOMIC CONSIDERATIONS ..................................................................................... 24

1. IMPACT ASSESSMENT ................................................................................................. 24

2. EMPLOYEE PRODUCTIVITY ......................................................................................... 25

CONCLUSION ............................................................................................................................. 27

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ABSTRACT

As widely acknowledged, women workers, who predominantly operate within the informal
economy, often find themselves outside the purview of labour laws. Their informal status
essentially means that they lack legal protection and regulation in their work environments.
The recent process of law reform presented a unique opportunity for the government to address
this issue by extending labour rights to women workers. This extension aimed to formalize and
ensure the security of their employment relationships, recognize their rights in the workplace,
including fair wages, regulated working conditions, and access to social security. However,
despite the reform efforts, the new Labor Codes have largely upheld the fragmented and
incomplete recognition of women workers' rights that existed before. Consequently, this
situation has introduced new barriers to achieving decent work for women engaged in
informal employment. In light of these challenges, the paper explores potential pathways
forward to enhance labour rights for women in the informal economy.

The concept of menstrual leave remains largely unexplored within labour laws, especially in
India. This study aims to address this gap by conducting a comprehensive comparative
analysis of global labour laws that recognize menstrual leave within their statutory
framework. The research will focus on understanding the structure and effectiveness of such
policies in various countries and extracting insights relevant to the Indian context. The
necessity of introducing menstrual leave stems from socio-economic and cultural factors that
often lead to the stigmatization of menstruation, impacting the well-being and workforce
participation of women. By examining existing Indian labour laws through a gender-sensitive
lens, this project aims to highlight the potential benefits of menstrual leave, including
promoting workplace equality, reducing health complications, and enhancing productivity and
morale. Additionally, the study will explore challenges to implementation, such as economic
implications for employers and the risk of perpetuating gender stereotypes. The ultimate
objective is to propose a model for menstrual leave legislation in India that aligns with
international human rights standards and best practices, fostering a more inclusive and
empathetic work environment. This research aims to contribute positively to the discourse on
labour rights and gender equality, emphasizing the significance of addressing the welfare of
women workers.

Keywords: Menstrual leave, Women worker, Workplace inclusion, Women's health,

Employment rights, Workforce diversity.

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RESEARCH QUESTION

“HOW CAN THE ANALYSIS OF GLOBAL MENSTRUAL LEAVE POLICIES INFORM THE DEVELOPMENT
OF A COMPREHENSIVE AND CULTURALLY SENSITIVE MENSTRUAL LEAVE POLICY MODEL FOR

INDIA, THAT ALIGNS WITH INTERNATIONAL HUMAN RIGHTS STANDARDS?”

RESEARCH OBJECTIVES

1. TO CRITICALLY EXAMINE THE CONCEPT OF MENSTRUAL LEAVE WITHIN THE FRAMEWORK OF

LABOUR LAWS, EMPHASIZING ITS SIGNIFICANCE IN PROMOTING GENDER EQUALITY AND

WORKPLACE INCLUSION.

2. TO ANALYZE THE HISTORICAL BACKGROUND AND EXISTING LITERATURE ON MENSTRUAL

HEALTH IN THE WORKPLACE, EXPLORING ITS IMPACT ON WOMEN'S PRODUCTIVITY,

WORKFORCE PARTICIPATION, AND WELL-BEING.

3. TO CONDUCT A COMPARATIVE ANALYSIS OF GLOBAL LABOUR LAWS PERTAINING TO

MENSTRUAL LEAVE, FOCUSING ON CASE STUDIES FROM JAPAN, INDONESIA, ZAMBIA, ITALY,

AND OTHER RELEVANT COUNTRIES, TO IDENTIFY BEST PRACTICES AND CHALLENGES.

4. TO INVESTIGATE THE INDIAN CONTEXT REGARDING MENSTRUAL LEAVE, INCLUDING THE

EXISTING LEGAL FRAMEWORK, PROPOSED LEGISLATIVE INITIATIVES, AND PUBLIC INTEREST

LITIGATIONS, TO UNDERSTAND THE CURRENT LANDSCAPE AND POTENTIAL AVENUES FOR

POLICY DEVELOPMENT.

5. TO DEVELOP A POTENTIAL MODEL FOR MENSTRUAL LEAVE LEGISLATION IN INDIA,

CONSIDERING LEGAL, SOCIAL, CULTURAL, AND ECONOMIC FACTORS, WITH THE AIM OF

FOSTERING A BALANCED, INCLUSIVE, AND PRAGMATIC APPROACH.

6. TO ASSESS THE IMPLICATIONS OF MENSTRUAL LEAVE POLICIES ON WORKPLACE DYNAMICS,

INCLUDING EMPLOYER-EMPLOYEE RELATIONSHIPS, PRODUCTIVITY, AND GENDER EQUALITY,

THROUGH AN ECONOMIC IMPACT ASSESSMENT AND PRODUCTIVITY ANALYSIS.

7. TO PROPOSE RECOMMENDATIONS FOR POLICYMAKERS, EMPLOYERS, AND OTHER

STAKEHOLDERS FOR THE EFFECTIVE IMPLEMENTATION OF MENSTRUAL LEAVE POLICIES ,

ADDRESSING CONCERNS RELATED TO DISCRIMINATION, STIGMA, ECONOMIC IMPLICATIONS,

AND WORKPLACE SUPPORT MECHANISMS.

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TOWARDS A COMPREHENSIVE POLICY ON MENSTRUAL LEAVE:

A COMPARATIVE ANALYSIS OF LABOUR LAWS AND THE DEVELOPMENT OF A
POTENTIAL MODEL FOR INDIA

1. INTRODUCTION

The idea of menstrual leave, which is frequently contentious, stems from the knowledge that
having a period can occasionally cause excruciating agony or suffering, which might hinder a
person’s capacity to perform their job duties.1 In light of this, regulations pertaining to
menstruation leave are designed to offer women and other persons who experience
menstruation the freedom to take unpaid time off from work during their menstrual cycle. This
project aims to provide choice and acknowledge a biological fact that affects a major section
of the workforce, not to reinforce prejudices or imply that all people who menstruate are
unable to work during their periods. Menstrual leave sticks out as a critical area of concern in
a society where advocates for gender equality and inclusiveness are growing in number. 2 It’s
a broader labour right that interacts with workplace equality, health equity, and social standards
rather than only being a health or women’s rights problem.

The importance of this subject is increased in communities where stigmas and taboos around
menstruation persist, frequently obstructing candid conversations about menstrual health and
how it affects day-to-day activities, including employment. With its diverse cultural heritage
and intricate social structures, India offers a special setting for studying menstruation leave
laws. Though there has been improvement in many areas, talking about menstruation is still
frowned upon in many regions of the nation.3 This cultural context, together with the economic
need that is pushing more women into the labour, emphasizes the importance of doing
thorough study.

1
Hilary H. ‘Price, Periodic Leave: An Analysis of Menstrual Leave as a Legal Workplace Benefit’, Oklahoma L.
Rev. 74, 2 (2022).
2
Aashraya Sen, ‘An argument for menstrual leave in India’, TIMES OF INDIA, available at:
https://timesofindia.indiatimes.com/blogs/nonpartisan-perspectives/an-argument-for-menstrual-leave-in-india/
(accessed on 28 Apr. 2024)
3
Anshul Prakash et al, ‘Looking Beyond the Law: The Case of Menstrual Leave in India’, SCC ONLINE,
Available at: https://www.scconline.com/blog/post/2023/03/07/looking-beyond-the-law-the-case-of-menstrual-
leave-in-india/ (accessed on 28 Apr. 2024)

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Menstrual leave as a labour right requires a fundamental restructuring of the workplace that is
in line with feminist ideals of equality and bodily autonomy.4 It goes beyond the simple idea
of providing time off. Menstrual leave policies demonstrate a commitment to building an
inclusive workplace where all employees are supported in managing their health requirements
without stigma or consequence, rather than portraying menstruation persons as disabled. 5 In
addition to improving the health and productivity of menstruating individuals, this strategy
supports a larger feminist agenda that calls for fairness in opportunities and treatment for
everyone.

1.1 LABOUR RIGHTS

When it comes to labour rights, one crucial aspect is ensuring decent work conditions,
including social security provisions. Social security, which guarantees support to individuals
unable to work temporarily or permanently, is recognized as a fundamental right for all
individuals by law. This right finds its roots in historical documents like the Declaration of the
Rights of Man during the French Revolution and is further emphasized in international
instruments such as the Universal Declaration of Human Rights and the International
Covenant on Economic, Social, and Cultural Rights.

In the context of women workers, maternity rights are particularly significant. The Indian
Constitution mandates provisions for maternity relief and the protection of women workers
against exploitation. Directive Principles of State Policy stress the importance of ensuring
equal pay for equal work, protecting women's health during maternity, and providing
opportunities for children's development in a healthy and dignified environment. Maternity
relief, fair wages, and decent work conditions are essential for women's participation in the
workforce and their overall well-being. Thus, ensuring maternity rights is crucial for
promoting gender equality and empowering women in the labour market.

1.2 LABOUR STANDARDS FOR WORKERS IN INDIA

The Indian Constitution upholds gender equality and has enacted various laws to regulate
labour conditions and improve the lives of workers. These include laws on fixed working
hours, minimum wages, and security schemes. Specifically, regarding women workers, there

4
Bhagyamma G, Exploring menstrual leave as a human right: nurturing gender equality, ILE L. Rev 2 |1 (2023)
p. 16-24.
5
Id.

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are laws such as the Maternity Benefits Act of 1967, which ensures provisions for maternity
benefits. However, it's important to note that these labour laws primarily apply to workers in
the organized sector.

2. HISTORICAL BACKGROUND AND EXISTING LITERATURE

In India, the legal framework for labour rights is intricate, comprising constitutionally
guaranteed rights, state and central labour laws, judicial interpretations, and international
human rights instruments. These rights encompass various aspects such as equality (Article
14), protection from discrimination (Article 15), freedom of speech and association (Article
19), right to life and personal liberty (Article 21), prohibition of forced labour and child labour
(Articles 23 and 24), among others. Additionally, Directive Principles of State Policy (Articles
38, 39, 39A, 41, 42, 43, 43A, and 47) mandate the state to ensure the welfare of citizens,
including provisions for work, education, public assistance, just working conditions,
maternity relief, and a living wage.

At the international level, the Universal Declaration of Human Rights (Article 23) and various
ILO conventions, including the Fundamental Principles and Rights at Work (1998), the Decent
Work Agenda, and the ILO Centenary Declaration on the Future of Work, outline principles
for labour rights.

Despite this extensive legal framework, informal women workers in India have often faced
limited protections under labour laws. Women's work in India, particularly in the informal
economy, is characterized by several broad features that need attention.

Menstrual health is an important part of women’s health and wellbeing, although it is

frequently ignored in workplace conversations. This chapter explores the perceptions and
management of menstruation health in the workplace and how they affect women’s
productivity, inclusion in the workforce, and involvement in it.

The World Health Organization [“WHO”] defines menstrual health “as a state of complete
physical, mental, and social well-being and not merely the absence of disease or infirmity, in
all matters relating to the menstrual cycle”.6 This encompasses the management of menstrual

6
WHO statement on menstrual health and rights, WORLD HEALTH ORGANISATION (Aug. 1, 2022), available at:
https://www.unwater.org/news/who-statement-menstrual-health-and-
rights#:~:text=Menstrual%20health%20refers%20to%2C%20%E2%80%9Ca,relation%20to%20the%20menstr
ual%20cycle%E2%80%9D (accessed on 28 Apr. 2024)

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pain, access to menstrual hygiene facilities, and the freedom from menstrual stigma. In the
workplace, this definition extends to “include policies and practices that acknowledge and
support menstrual health, such as menstrual leave, access to sanitary products, and
appropriate medical support”.7

The intersection of menstruation and work presents unique challenges. For many women,
managing menstrual symptoms such as pain, discomfort, and fatigue while maintaining
professional responsibilities can be a daunting task. The lack of open dialogue and adequate
support systems in many workplaces further exacerbates these challenges, often leading to
decreased productivity, unnecessary absenteeism, and even job dissatisfaction.

Menstruation is now more widely acknowledged in academic circles as a subject of

employment justice and rights as well as personal health. Research indicates that policies that
promote menstruation health can benefit female employees’ well-being, job happiness, and
productivity.8 Moreover, it is believed that addressing menstrual health in the workplace will
help to eliminate the larger stigma associated with menstruation.9 There has been much
discussion in the public sphere around menstruation health in the workplace. On the one hand,
programs like menstrual leave laws have been applauded for their progressive views on
women’s health in nations including South Korea, Zambia, and Japan.10 However, some
contend that these laws might bolster gender stereotypes and perhaps result in discrimination
against women in the workplace and in promotions.

These discussions frequently reveal underlying social ideas on gender norms and
menstruation. Diverse opinions may be found in public conversations, particularly on social
media platforms. These opinions range from ardent support for workplace policies that are
more inclusive to doubts about their viability and potential effects on gender equality.

7
Id.
8
Menstrual Health and Hygiene, WORLD BANK (May 1, 2022), available at:
https://www.worldbank.org/en/topic/water/brief/menstrual-health-and-
hygiene#:~:text=Improving%20menstrual%20hygiene%20and%20providing,than%20keeping%20them%20at
%20home. (accessed on 28 Apr. 2024).
9
Menstruation and menstrual health in the workplace: Guide for people professionals, CIPD, available at:
https://www.cipd.org/en/knowledge/guides/menstruation-
support/#:~:text=There%20are%20various%20ways%20for,for%20specific%20menstrual%20health%20issues
(accessed on 28 Apr. 2024)
10
Reducing pain: On menstrual leave, THE HINDU, available at:
https://www.thehindu.com/opinion/editorial/reducing-pain-the-hindu-editorial-on-menstrual-
leave/article66556441.ece (accessed on 28 Apr. 2024)

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3. COMPARATIVE ANALYSIS OF GLOBAL LABOUR LAWS

In India, women workers constitute a substantial portion of the workforce, yet their
participation rates remain low, particularly in the organized sector. A significant majority of
women, approximately 96%, are engaged in the unorganized or informal sector, characterized
by low wages, lack of unionization, and harsh working conditions. This sector often fails to
provide adequate maternity benefits and protections, leaving pregnant women vulnerable to
health risks.

In 1997, the International Labour Organization (ILO) introduced a convention addressing

sexual harassment of women in the workplace, a definition accepted by the Indian
government. However, the increasing informalization and marginalization of women at work
pose serious challenges to the enforcement of this convention. Women in unorganized sectors
are frequently subjected to sexual exploitation.

Migrant women workers, employed in various sectors like sugar factories, handlooms, power
looms, and cotton ginning mills, often face temporary, seasonal, or part-time work
arrangements. They are especially vulnerable to exploitation, including sexual harassment,
due to the nature of their employment and the lack of efficient coverage by national labour
laws and standards.

The lack of effective implementation of labour laws, such as the Maternity Benefits Act of
1967 and the Equal Remuneration Act, further exacerbates the challenges faced by pregnant
migrant women workers. They often lack access to medical facilities during prenatal and
postnatal stages, leading to health complications. Despite the existence of legislation, the
absence of strong organizations representing contract-based seasonal migrant workers
hampers the enforcement of maternity benefits.

In Maharashtra's sugar factories, pregnant migrant women workers suffer from illnesses like
toxaemia and nutritional anaemia, with inadequate medical support during pregnancy-related
complications. Disparities in the provision of maternity benefits persist, largely due to the lack
of organized representation and enforcement mechanisms for women in the unorganized
sector.

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Countries around the world have adopted various approaches to menstrual leave, reflecting
differing legal frameworks, cultural attitudes, and economic conditions. An analysis of the
same reveals certain best practices that could be extrapolated for the proposed Indian model.

A. Japan

Japan’s menstrual leave policy, established in 1947, is one of the oldest in the world, designed
to support women suffering from severe menstrual pain by allowing them the option to take
time off. Despite its long-standing presence, the utilization of this leave remains low.11 The
reluctance to take menstrual leave in Japan can largely be attributed to societal pressures and
workplace culture that often values endurance and continuous work attendance.12 In a society
where work ethic is highly prized, and there’s a strong cultural emphasis on not
inconveniencing others, women may fear that taking menstrual leave could be perceived as a
sign of weakness or unreliability.13 This societal backdrop creates a significant barrier to the
policy’s effective use, as women navigate the complex interplay between personal health
needs and professional expectations.

11
Levitt, R.B et al, ADDRESSING MENSTRUATION IN THE WORKPLACE: THE MENSTRUAL LEAVE DEBATE IN THE
PALGRAVE HANDBOOK OF CRITICAL MENSTRUATION STUDIES (Palgrave Macmillan, Singapore) [hereinafter
“Levitt”].
12
Alexandra Cook et al, Period pain presenteeism: investigating associations of working while experiencing
dysmenorrhea, J. of Psychosomatic Obstetrics & Gynecology, 2023, Vol. 44 | 1.
13
44% of women at Japanese firms never take leave for period pain: int’l survey, The Mainichi
https://mainichi.jp/english/articles/20230829/p2a/00m/0li/009000c (Aug. 30, 2021)

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B. Indonesia

In Indonesia, the policy grants women two days of menstrual leave per month. Despite this
provision, the uptake of menstrual leave is minimal, reflecting deep-rooted cultural stigmas
and workplace pressures.14 The reluctance to utilize menstrual leave stems from a broader
societal discomfort with discussing menstruation openly, combined with fears of
discrimination or judgment in professional settings.15 Additionally, in a competitive job
market, women may worry that taking menstrual leave could negatively impact their career
progression or employer perceptions of their commitment and capability. These factors
contribute to a scenario where, despite legal provisions, menstrual leave remains
underutilized, pointing to the need for cultural shifts and increased awareness around
menstrual health in the workplace.

C. Zambia

Zambia’s innovative “Mother’s Day” law, passed in 2015, allows women one day off per
month for menstrual reasons, without the need for medical evidence.16 This policy represents
a progressive step towards acknowledging and accommodating menstrual health needs. The
lack of a requirement for medical proof removes a significant barrier to access, emphasizing
trust and understanding between employers and employees.17 However, the success and
acceptance of such a policy also depend on societal attitudes towards menstruation and gender
roles. While Zambia’s law is a positive development in recognizing menstrual health in labour
laws, ongoing education and advocacy are essential to ensure its effective implementation and
to combat any lingering stigmas that might prevent women from availing themselves of this
leave.

14
Menstrual Health in East Asia and The Pacific Regional Progress Review Indonesia, UNICEF Available at:
https://www.unicef.org/eap/media/13911/file/Indonesia-%20Country%20Profile.pdf (accessed on 28 Apr.2024);
Indonesian Labour law Act No. 13 of 2003, art. 18 (Unofficial translation prepared by ILO Jakarta).
15
Intellecap, Market Assessment Final Report of Menstrual Health and Hygiene (MHM) Products and Services,
2022, MINISTRY OF EDUCATION AND CULTURE, UNS High School Stratification Report, 2021.
16
Zarina Geloo, How menstrual leave can create more equitable workplaces, RE: SOLVE, available at:
https://www.re-solveglobalhealth.com/post/how-can-menstrual-leave-create-more-equitable-
workplaces#:~:text=Mother%27s%20Day%27—
even%20though%20it,an%20explanation%20for%20the%20absence (accessed on 28 Apr. 2024).
17
Kenedy Gondwe, Zambia women's 'day off for periods' sparks debate, BBC, available at:
https://www.bbc.com/news/world-africa-38490513 (accessed on 28 Apr. 2024).

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D. Italy

The consideration of menstrual leave in Italy in 2016 sparked a significant global conversation
about the role of such policies in modern workplaces.18 The proposal, which would have
allowed women to take three days of paid leave each month if they suffered from painful
periods, highlighted the growing recognition of menstrual health as an important workplace
issue. However, the proposal also faced criticism, with concerns about potential
discrimination against women in hiring practices and reinforcing gender stereotypes. 19 The
debate in Italy reflects broader questions about how to balance the need for menstrual health
support with concerns about equality and discrimination in the labour market. It underscores
the importance of carefully designing menstrual leave policies to support affected individuals
while mitigating unintended negative consequences.

E. Analysis

Cultural perceptions of menstruation have a significant impact on the efficacy and uptake of
menstrual break programs. Employees may be reluctant to take menstrual leave, even when it
is offered, in nations where it is taboo to discuss menstruation for fear of prejudice or shame.
On the other hand, such policies are more likely to be used and accepted in communities where
menstruation is freely discussed and normalized.

For instance, menstruation leave is allowed in South Korea, but despite this, less people take
use of it because they are afraid of coming out as less dedicated. This emphasizes how crucial
it is to take cultural sensitivity into account while creating and implementing menstruation
leave policies.

18
LEVITT, supra note 11; Sarah Wildman, Italy is weighing a law granting paid leave for women with painful
periods, Vox (29 March, 2017), available at: https://www.vox.com/world/2017/3/29/15097842/menstruation-
period-leave-italy-painful-cramps-women-maternity-blood (accessed on 28 Apr. 2024).
19
Sruthi Darbhamulla, Explained | Menstrual leave and its global standing, THE HINDU (5 March, 2023) available
at: https://www.thehindu.com/news/national/explained-menstrual-leave-and-its-global-
standing/article66554246.ece

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4. THE INDIAN CONTEXT

Women workers often find themselves overlooked by labor laws, particularly those operating
in the informal sector. The legal landscape governing their working conditions and access to
social security remains fragmented and incomplete. Despite efforts from unions and labor
rights organizations, the coverage provided by existing laws is limited due to the nature of
employment and gendered perceptions of work.

Several laws have been enacted to address the rights of informal workers, including women.
However, their applicability is often constrained, and some laws fail to adequately address
gender-specific concerns. These include:

• The Equal Remuneration Act 1976 and The Minimum Wages Act 1936 (now part of
the Code on Wages 2019)
• The Bonded Labour System (Abolition) Act, 1976 and the Inter-State Migrant
Workmen (Regulation of Employment and Conditions of Service) Act, 1979
(incorporated into the Code on Occupational Safety and Health and Working
Conditions 2020)
• The Trade Unions Act 1926 (now part of the Code on Industrial Relations 2020)
• The Unorganised Workers’ Social Security Act 2008 (now part of the Social Security
Code 2020)
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act 2013 (not included in recent reform processes)

As a result, many women workers remain either partially covered or completely excluded from
the protection of labour laws. This leaves them vulnerable to economic insecurity, precarious
employment conditions, and limited access to essential benefits such as maternity and
childcare support.

4.1 EXISTING LEGAL FRAMEWORK

To safeguard the well-being of workers in manufacturing settings, which encompasses their

workplace environment, the Factories Act of 1948 stipulates in Section 79 that entities must
grant leave to staff who have completed a minimum of 240 days of service in the prior year.20

20
The Factories Act No. 63 of 1948, §79 (India).

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Furthermore, the Shops and Establishments Act, which also addresses work conditions, terms
of employment, and leave provisions, ensures that employees who have worked consistently
for a full year are eligible for up to 15 days of accrued leave. In addition, the act guarantees
at least 12 days of sick leave annually for every employee.21 It’s important to note, however,
that the provisions of the Shops and Establishments Act do not extend to individuals employed
by state or central government bodies.

A. Arunachal Pradesh

In 2017, a bill advocating for menstrual health benefits, introduced by Arunachal Pradesh’s
representative Mr. Ninong Ering, was brought before the Indian Parliament.22 It was followed
in 2018 by another proposal, championed by Thiruvananthapuram’s MP, Dr. Shashi Tharoor,
focusing on women’s sexual, reproductive, and menstrual rights. Both legislative efforts
aimed at facilitating access to menstrual health resources and formalizing menstrual leave, yet
neither was enacted.

B. Maharashtra

On August 3, 2023, the Maharashtra state government announced a proposed amendment, the
Maharashtra Shops and Establishment Bill 2023. This amendment is designed to entitle
female employees in the retail and service sectors of Maharashtra to take paid leave during
their menstruation. The objective behind this legislative change is to prioritize and protect the
health and comfort of women in the workforce.

C. Bihar

In 1992, under the leadership of Lalu Prasad Yadav, the Bihar administration enacted a
measure that allotted two days of compensated leave monthly to women staff for matters
linked to menstruation.23 The initiative was designed to enhance the health and welfare of

21
Rajasthan Shops and Commercial Establishments Act No. 31 of 1958, § 14 (India.)
22
Menstruation benefits Bill No. 249 of 2017; Ering presents menstruation bill of 2017, THE ARUNACHAL
TIMES (Jan. 3, 2018), available at: https://arunachaltimes.in/index.php/2018/01/03/ering-presents-menstruation-
benefit-bill-2017/ (accessed on 28 Apr. 2024).
23
Falguni Sharma, Lalu’s Bihar to Spain, THE PRINT, Available at: https://theprint.in/india/lalus-bihar-to-spain-
controversial-journey-of-menstrual-leave-spans-decades/1394082/ (accessed on 28 Apr. 2024); Ankita Apurva,
Paid Menstrual Leaves, FEMINISM INDIA, available at: https://feminisminindia.com/2022/05/30/former-cm-lalu-
prasad-yadav-initiated-paid-menstrual-leaves-in-1992-making-bihar-the-first-indian-state-to-do-so/ (accessed
on 28 Apr. 2024)

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women employees and to decrease instances of unscheduled absences while boosting

workplace efficiency.

D. Kerela

The government of Kerala has announced its intention to provide menstrual leave for female
students enrolled in all state-run universities that fall under the purview of the Department of
Higher Education.24 Following a proposal from the student body, the Cochin University of
Science and Technology recently made the decision to grant menstrual leave to all its female
students.25

E. Women’s Sexual, Reproductive and Menstrual Rights Bill

The Women’s Sexual, Reproductive, and Menstrual Rights Bill, spearheaded by the legislator
Mr. Shahi Tharoor, calls for every entity defined as a public authority under the Right to
Information Act of 2005 to provide sanitary pads at no charge within women’s restrooms on
their premises.26 The bill highlights a significant social inequality stemming from the lack of
access to menstrual hygiene products, which often results in girls missing school and women
being excluded from the workforce, thereby perpetuating a cycle of dependence. 27 The
proposed legislation acknowledges that the societal oversight of women’s menstrual health
needs stems from the non-existence of a comparable physiological process in men,
overlooking the fact that menstruation is a biological function essential to the survival of the
human race.28 To bridge this gap, the bill advocates a mandate for educational institutions and
public bodies to supply complimentary sanitary pads to women and girls, thereby aiming to
remove barriers to education and employment caused by menstrual health challenges.

More recently, a draft legislation titled the “Right of Women to Menstrual Leave and Free
Access to Menstrual Health Products Bill, 2022” was proposed. This recent bill aimed to grant

24
Jyothsna Latha, ‘Menstrual Leave Debate: Opportunity to Address Inclusivity in Indian Organizations’, Indian
J. of Indus. Relations, Vol. 53 | 4 (2018) p. 604–17, available at: https://www.jstor.org/stable/26536484 (accessed
29 Apr. 2024).
25
Express News Service, Kerala varsity grants menstrual leave for female students, INDIAN EXPRESS, available
at: https://indianexpress.com/article/cities/thiruvananthapuram/kerala-cusat-menstrual-leave-female-students-
8381268/
26
Vidhatri Rao, Row over paid leave for menstruation: How Parliament took up the issue over the years, available
at: https://indianexpress.com/article/political-pulse/paid-leave-menstruation-parliament-smriti-irani-
9073902/#:~:text=The%20Women%27s%20Sexual%2C%20Reproductive%20and,all%20women%20by%20th
e%20State (accessed on 29 Apr. 2024)
27
The Women's Sexual, Reproductive and Menstrual Rights Bill No. 255 of 2018.
28
Id.

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three days of paid menstrual leave to women and transgender women, including students, but
it too did not advance into law.

F. Public Interest Litigations

In 1992, the landmark judgment of S. L. Bhagwati v. Union of India in 1992, the Supreme
Court propounded a case supporting the provision of menstrual leave for women, recognizing
it as a means to prioritise their health and familial responsibilities.29

Since then, in 2023, there was an application made to the Supreme Court by Advocate
Shailendra Mani Tripathi, advocating for the nationwide implementation of menstrual leave
for female students and working women, through a Public Interest Litigation [“PIL”].30 The
petition argued that there is a discrepancy in the provision of menstrual leave and related
advantages across different states, which it claims is inconsistent with Article 14 of the Indian
Constitution. This inconsistency allegedly leads to unequal treatment of women across states
despite their uniform physiological experiences and the singular citizenship they hold under
the nation. The plea referenced research from the University College London indicating that
the discomfort experienced during menstruation can be as intense as that of a heart attack,
potentially impacting work efficiency. Earlier, in February 2023, the Supreme Court declined
to consider the PIL, stating that such a decision was a matter for policy makers to determine.

4.2 LACUNAE AND CHALLENGES IN IMPLEMENTING LABOUR LAWS FOR WOMEN WORKERS

In addition to the inadequacies of labour laws concerning women's work, there are significant
concerns regarding the implementation of existing legislation. Specifically, the Minimum
Wages Act of 1948 and the Equal Remuneration Act of 1976 exemplify how gendered
occupational segregation and the devaluation of women's labour persist within the legal
framework. For instance, scholars have highlighted the caste-based and gender-based
segregation prevalent in domestic work, resulting in its classification as unskilled and
undervalued in minimum wage notifications. Moreover, these notifications fail to address
whether time-rated or piece-rated wage fixation is more suitable for different categories of
domestic workers, as well as the challenges in prescribing minimum working hours and rest

29
S. L. Bhagwati v. Union of India 1989 SCR (3)1010.
30
Padmakshi Sharma, PIL Seeking Menstrual Leave Filed Before Supreme Court, LIVELAW, available at:
https://www.livelaw.in/top-stories/pil-seeking-menstrual-leave-filed-before-supreme-court-218594 (accessed on
29 Apr. 2024)

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periods for part-time workers. Similarly, provisions for childcare and maternity benefits,
though enshrined in the law, suffer from poor implementation. This discrepancy raises
questions about the infrastructure, processes, and resources necessary for effective
implementation. Criticism extends to various aspects of labour legislation, including the
inadequate provisioning of childcare facilities under NREGA, the inconsistent implementation
of the Unorganised Workers' Social Security Act of 2008,31 and the significant gaps in
enforcing the Sexual Harassment of Women at Workplace Act of 2013. These challenges
underscore the urgent need for reforms to ensure the effective protection of women workers'
rights within the labour framework.

A. AMALGAMATION OF LABOUR LAWS IN THE CODE ON SOCIAL SECURITY 2020

The Code on Social Security 2020 integrates nine central labour laws related to social security,
aiming to extend coverage to employees and workers across both organized and unorganized
sectors. Despite this intent, the scope of the Code falls short compared to earlier versions,
lacking the ambition for universal social security benefits. Critiques highlight its differentiated
approach based on establishment size and worker categorization, deviating from the principle
of progressive universalization advocated by previous drafts and expert recommendations.

1. Inadequacies in the Implementation of Social Security Provisions

While the Code acknowledges social security as a fundamental right, its operationalization
raises concerns, particularly regarding unorganized workers. Delegated legislation leaves
critical aspects, such as entitlements and funding mechanisms, to executive discretion,
diminishing legislative oversight. The absence of penalties for non-compliance perpetuates
existing flaws from previous legislation, failing to provide justiciable social security
entitlements.

The Code incorporates the definition of unorganized workers from the Unorganized Workers
Social Security Act 2008, encompassing home-based workers, self-employed individuals, and

31
The National Commission for Enterprises in the Unorganised Sector (2008) provides the following definition
of informal workers – ‘informal workers consist of those working in the informal sector or households, excluding
regular workers with social security benefits provided by the employers, and the workers in the formal sector
without any employment and social security benefits provided by the employer’ (27). It also provides a definition
for the informal sector – ‘the informal sector consists of all unincorporated private enterprises owned by
individuals or households engaged in the sale and production of goods and services operated on a proprietary or
partnership basis and with less than ten total workers’ (24). The terms informal and unorganised, particularly as
it refers to sectors of employment, are used interchangeably in this paper as Indian laws use the term
‘unorganised’, and internationally the term ‘informal’ is preferred.

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waged workers such as domestic workers (see ss. 2(86) and 2(90) of the Code). It outlines
provisions for social security in Chapter IX, mandating the central and state governments to
frame welfare schemes covering various aspects like life and disability cover, health, maternity
benefits, and old age protection. Funding for these schemes can come from central or state
governments, contributions from beneficiaries, or corporate social responsibility funds (ss.
109, 110). Additionally, the Code proposes the establishment of National and State Social
Security Boards (s.6) to administer funds, mirroring the structure of the UWSS Act.

However, a significant issue with the Social Security Code is the extensive reliance on
delegated legislation. Many crucial aspects, including entitlements, fund establishment, and
contributions, are left to executive discretion without adequate legislative oversight. Critics
argue that the lack of concrete details in the proposed schemes and the inclusion of Corporate
Social Responsibility as a funding mechanism, alongside challenges in centre-state
coordination, cast doubts on the effectiveness of securing social security rights for unorganized
workers.

Moreover, similar to criticisms of the UWSS Act, the Code fails to provide justiciable social
security entitlements for unorganized workers. It lacks penalties for violations by employees
or bureaucrats, offering only grievance redressal mechanisms under each scheme.

2. Registration Challenges and Identity Documentation

Registration serves as the foundation for employees or workers to access social security under
the Code, including unorganized workers. To register, an individual must be at least 16 years
old, make a self-declaration, and follow the registration process outlined by the central
government (s.113). The Code suggests that the appropriate government may establish toll-
free call centres, helplines, or facilitation centres to assist with the registration of unorganized
workers and provide information about schemes (s.112). The registration process requires
applicants to provide their Aadhaar number (s.113 read with s.142).

However, mandating Aadhaar for registration to access social security benefits may raise
concerns, as it could contradict a Supreme Court judgment (Justice K.S. Puttaswamy (Retd)
v. Union of India Supreme Court, Writ Petition (Civil) 494 of 2012, September 26, 2018).
Issues with registration and identity document production are complex, with multiple
registrations and documents needed for entitlement access across the country. The portability
of entitlements further complicates matters.

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Mandatory Aadhaar requirements for registration pose constitutional concerns and logistical
challenges, especially for vulnerable workers. Complexities surrounding identity
documentation and entitlement access remain unaddressed, with disparate requirements across
states hindering portability and access to benefits.

3. Maternity Benefits under the Code

Social Security Benefits, including Maternity Benefits, under the Code are subject to different
thresholds of applicability outlined in Schedule 1. For instance, the Employees’ Provident
Fund applies only to establishments with twenty or more employees, while the Employees’
State Insurance and Gratuity are applicable to those with ten or more employees. Similarly,
Chapter VI of the Code addresses maternity benefits, applicable only to establishments with
ten or more employees.

However, for informal women workers and unorganized workers, who constitute the majority
and most vulnerable workforce, there is a range of schemes offered by either the central or
state government. Yet, there is no mechanism ensuring their registration and coverage under
each scheme, nor portability when they move across states as migrant labourers. Moreover,
there is ambiguity regarding the specifics of each scheme, eligibility requirements, and the
responsibility for framing them. The Code only provides that the appropriate government will
‘frame suitable schemes’; the responsibility for framing a suitable scheme for life and
disability cover, health and maternity benefits, old age protection and education lie with the
centre, and the schemes relating to provident fund, employment injury benefit, housing,
educational schemes for children skill upgradation of workers, funeral assistance, and old age
homes lie with the state.

Chapter VI on maternity benefits, applicable to the organized sector, retains flaws of the
amended Maternity Benefits Act 1961. For instance, it restricts longer maternity benefits to
women pregnant with their first or second child, providing only 12 weeks for those with two
or more surviving children. This limitation, criticized for its moral, justice, and health
implications, also affects adoptive and commissioning mothers.

As for maternity benefits for unorganized workers, the Code lacks set criteria for framing the
scheme, leaving significant gaps in ensuring adequate maternity assistance, especially when
compared to schemes like the Pradhan Mantri Matru Vandana Yojana.

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B. GAPS IN OCCUPATIONAL SAFETY AND HEALTH REGULATIONS

The Code on Occupational Safety, Health, and Working Conditions consolidates diverse laws
but fails to extend protections to informal women workers due to stringent thresholds.
Provisions for health, working conditions, and welfare exclude this demographic, highlighting
disparities in legal protections and workplace safety standards.32

C. CONCLUSION: WAY FORWARD FOR THE RIGHTS OF WOMEN AS WORKERS

The amalgamation of labour laws in the Code on Social Security and the Code on Occupational
Safety and Health presents both opportunities and challenges. While aiming to streamline
regulations, these Codes fall short in addressing the unique vulnerabilities and needs of women
workers, particularly those in the informal sector. Urgent reforms are necessary to ensure
comprehensive legal protections and equitable access to social security and workplace safety
for all women workers.

32
The Code is applicable only to those employees who work in an establishment which is defined as any ‘place
where any industry, trade, business, manufacture or occupation is carried on in which ten or more workers are
employed’ (s 2 (u)). However, the threshold is not applicable to establishments where hazardous activities are
being carried out (s 2 (v)).

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5. DEVELOPMENT OF A POTENTIAL MODEL FOR INDIA

The development of the Indian model rests on a three-pronged approach, which is as follows:

Supportive
Legal
Workplace
Framework
Environment

Economic
Considerations

The given model has been elaborated below: -

A. LEGAL FRAMEWORK

1. Legislation

It would be necessary to alter or introduce new labour regulations in order to implement a

menstrual leave policy. By doing this, the leave would be formally recognized as a right,
guaranteeing that it won’t be at the whim of certain companies.33 Such law would have to
specify who is entitled to menstruation leave, when it may be taken, and what the legal
responsibilities of employers are with relation to this leave. This legal support is necessary to
ensure that the policy is enforced and to give businesses a defined operating framework.

2. Duration and Adaptability of Law

One common strategy may be to provide 1-2 days of menstruation leave per month. This
recognizes the diversity of menstruation discomfort, with some people reporting intense
symptoms that might make it difficult for them to function. Offering flexible work schedules,

33
G, Bhaghamma & Ramesh, ‘Addressing Menstrual Stigma: The Case for Implementing Menstrual Leave as a
Legal Provision in India’ (May 19, 2023) Ind. J. of L. & Legal Research Volume V | II (2023) available at:
https://ssrn.com/abstract=4453458.

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including part-time or work-from-home choices during menstruation, should also be taken

into consideration by the policy. This is especially true for occupations that allow for such
schedules without compromising output or quality of service. This adaptability can support
menstruation leavers’ demands while simultaneously preserving production.

3. Non-Discrimination Policy and Confidentiality Framework

Strict confidentiality requirements should be included in the policy so that workers can
request menstruation leave without worrying about their privacy being violated. Furthermore,
anti-discrimination procedures must be included to ensure that taking such leave does not have
any unfavourable effects. This is important because stigma in the workplace and society at
large can result in discrimination, whether it be explicit or implicit, even when there is a legal
framework in place.

B. SUPPORTIVE WORKPLACE ENVIRONMENT

1. Policy Design

In April 2023, the Supreme Court of India called on the government to formulate a consistent
nationwide policy on menstrual health and hygiene. This move underscored the importance
of addressing menstrual health and hygiene as a critical public health concern with
comprehensive strategies.34 In November 2023, the Central Government announced the
creation of a nationwide policy focused on menstrual hygiene, “aiming to dismantle societal
taboos regarding menstruation, guarantee availability of menstrual products and sanitation
facilities, empower females, advance health and environmental sustainability, and meet global
obligations to gender equality and the welfare of women”.35

It’s essential in the midst of these discussions regarding a potential menstrual leave and
hygiene legislation to actively include a broad group of women and other menstruating

34
Padmakshi Sharma, “SC directs Government to Frame National Policy on Free Sanitary Napkins and Safe
Disposal Mechanisms”, LIVELAW (April 11, 2011) available at: https://www.livelaw.in/top-stories/menstrual-
hygiene-supreme-court-directs-union-government-to-frame-national-policy-on-free-sanitary-napkins-safe-
disposal-mechanisms-in-schools-225970; Towards an inclusive National Policy on MHH, ORF (29 Nov. 2023)
available at: https://www.orfonline.org/research/towards-an-inclusive-national-policy-on-menstrual-health-and-
hygiene#:~:text=and%20Supriya%20Garikipati-
,In%20April%202023%2C%20the%20Supreme%20Court%20of%20India%20advocated%20for,for%20femal
es%20in%20all%20schools.
35
DRAFT NATIONAL MENSTRUAL HYGIENE POLICY, 2023, Ministry of Health & Family Welfare,
https://main.mohfw.gov.in/sites/default/files/Draft%20Menstrual%20Hygiene%20Policy%202023%20-
For%20Comments.pdf.

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persons in the policy formulation process for an inclusive and successful menstrual leave
policy. By taking an inclusive stance, the policy is guaranteed to be based on the needs and
experiences of the people it is meant to assist.36 Stakeholder discussions with human resource
professionals and employer would also assist in ensuring that the policy fits with the larger
HR policy structure and conforms with any applicable local labour regulations.

2. Hygiene and Health Mechanism

It’s equally important to provide health and hygiene support in the workplace, such as
access to free sanitary products and clean, private facilities, as well as professional medical
advice for menstrual-related concerns.

3. Employer Health Policy

Menstrual leave should be integrated into the larger employee health and well-being
framework, recognizing it as a vital aspect of the overall workplace wellness strategy. This
holistic integration promotes a supportive work environment that acknowledges menstrual
health as a legitimate and important factor in the physical and mental well-being of employees,
thereby fostering an inclusive, supportive, and productive workplace culture.

C. ECONOMIC CONSIDERATIONS

1. Impact Assessment

Should a policy on menstrual leave be implemented, there’s a risk it could lead to reluctance
among employers to recruit women due to the added responsibility of monthly paid leave.
Women are already facing challenges like caregiving duties, pay disparities, and lack of
representation in the workforce. There is a growing concern as has been highlighted by Smriti
Irani, the Minister of Women & Child Development, wherein she has allayed certain concerns
that this policy might exacerbate employer biases, potentially worsening job prospects for
women.37

36
Sunaina Kumar, Menstrual health in India, ORF Online, available at: https://www.orfonline.org/expert-
speak/menstrual-health-in-india-needs-more-than-just-distribution-of-low-cost-sanitary-pads/ (accessed on 29
Apr. 2024).
37
Smriti Irani on period leaves, THE MINT (22 Dec. 2023) available at:
https://www.livemint.com/news/india/smriti-irani-on-period-leaves-why-should-employer-know-womens-
menstrual-cycle-see-doctor-if-11703252874699.html (accessed on 29 Apr. 2024).

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In light of this an impact analysis, with an emphasis on small and medium-sized businesses,
to comprehend the possible economic ramifications for firms. It recognizes that although
menstrual leave policies are crucial for workers’ health and wellbeing, they may also have
negative financial effects, particularly for smaller companies that may not have as much
flexibility in how they handle absences.

2. Employee Productivity

Menstruation-related pain may prevent employees from doing their best work. Giving them
time off will enable them to return to work with all the energy they need to complete their job.
In the absence of a clear leave policy, workers may take unplanned days off owing to severe
menstruation symptoms, which might result in unanticipated staffing shortages. By offering
scheduled and predictable time off, a menstrual leave policy might help decrease this type
of absenteeism by facilitating greater planning and job continuity.

There are some broad parameters that any law reform process in the future will have to engage
with to address the concerns of informal women workers and to realise the rights of women
as workers:
Recognise women’s work in all its complexity. Women are producers of economic goods
and services. The engage in multiple economic activities, both paid and unpaid, and as self-
employed women (whether as own account workers or unpaid family helpers) and
employees, as migrants, and as so-called ‘honorary’ workers.
Apart from a range of workers, recognise a range of sites, including homes, as sites of work
for various workers such as homebased workers, street vendors and waste pickers.
Recognise the gendered and other intersectional forms of discrimination and disadvantage
faced by women workers. There are high levels of gendered occupational segregation and
wage discrimination in the economy. Non-discrimination in employment, whether in
recruitment policies, payment of wages, promotions, and other aspects of employment must
form the bedrock of any intervention in the unorganised sector.
Sexual harassment at the workplace must be acknowledged as part of the labour law
framework and incorporated as such both through an inclusion in the current Codes, and in
any future law for the unorganised sector.

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Recognise a range of other women’s collectives, apart from unions, such as women’s
cooperatives, especially for women in self-employment, and enable the ‘ease of doing
businesses for cooperatives.
Recognise a justiciable work-based right to social security, set up infrastructure and funds
to realise the right.
Voice and representation for informal women workers is essential for the complexities of
women’s work to be properly addressed by law. Tripartite representation is vital in the
institutions created by the law, and women’s collectives, including unions and cooperatives
should have a place on the table. Where possible, whether it is internal workplace
committees, committees on agriculture or urban local bodies, laws should enable
representation of informal workers, especially women, so that there is voice and
representation for informal women workers.
Enable access to universal public entitlements and public infrastructure (including the
provisioning of clean water, housing, sanitation, health services, etc.) at worksites, and
regulate access to common properties and public resources, particularly primary
environmental resources on which many women’s livelihoods are dependent.

Acknowledge the challenges of migration (both interstate and intrastate) and take measures
(such as the regulation of placement agencies, the expansion and proper implementation of
the Inter-State Migrant Workers Act) to protect the rights and livelihoods of migrant women
workers.

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CONCLUSION

In conclusion, the discussion and possible adoption of a menstrual leave policy in India is a
step towards reframing labour rights in the context of gender equality and workplace
inclusion, not merely a way to treat a health issue. Menstruation-related leave debates have
highlighted the cultural, social, and economic factors that influence women's experiences at
work. Policies that recognize menstruation health as a valid concern facilitate the development
of a more egalitarian and compassionate work environment. They have the potential to
eliminate long-standing stigmas and improve the well-being and productivity of a sizeable
portion of the workforce.

Any legislation pertaining to menstruation leave must be carefully crafted with the social and
economic ramifications in mind as we move forward. It need to be made with women's health
in mind without unintentionally impeding their ability to find work. In addition, it need to
promote a work environment that prioritizes health justice, allowing everyone to participate
to the utmost extent possible. The capacity of such a strategy to reconcile the disparate
elements of labour regulations, cultural norms, and economic realities within the framework
of Indian society will ultimately determine its effectiveness.

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