The Sikkim High Court has introduced a menstrual leave policy for its women employees, granting them 2-3 days of leave each month, subject to medical recommendation from the High Court's Medical Officer and not counted against their overall leave balance, making it the first Indian High Court to do so in regards of women's health and well-being.
The Sikkim High Court, India's smallest HC, introduced this menstrual leave policy, marking the first such move. At present, there is no such national policy or law exists for menstrual leave. Last year, the Supreme Court declined to hear a petition that requested menstrual leave for students and working women in India. The bench led by CJI D Y Chandrachud recommended representation with the Union Ministry of Women and Child Development. However, in December 2023, Smriti Irani opposed a menstrual leave policy, expressing concern about equal opportunities. Later, the Ministry of Health and Family Welfare proposed a Menstrual Hygiene policy to eliminate discrimination.
India's private companies and government departments have implemented menstrual leave policies, with some offering fixed or flexible days per month. However, awareness and acceptance vary. Cultural norms and taboos around menstruation also impact policy implementation. Organizations that challenge stigma and promote awareness are more progressive. The Menstrual Benefits Bill, of 2017, was introduced in the Rajya Sabha but needs to be passed. Consistent and equitable policies are needed for women's health and well-being.
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