Menstrual rights

Menstrual Rights

What are ‘Menstrual Rights’?

>Menstrual rights are the human rights

manage their menstrual cycle with dignity, safety, and without discrimination.

Official Definition of ‘Menstrual Rights’

>According to the World Health Organization (WHO), menstrual rights are centered on

menstrual health, which is a state of complete physical, mental, and social well-being related to

the menstrual cycle, not just the absence of diseases

MENSTRUAL RIGHTS DEFINED UNDER LEGISLATION

To provide the right to paid leave during the period of menstruation for working women,

menstrual leave for female students and free access to menstrual health products

including menstrual cups, tampons and sanitary pads irrespective of status

or region and for matters connected therewith or incidental.

PROTECTION OF MENSTRUAL LEAVE

Although India does not yet have a national law granting menstrual leave, the principles

embodied in Article 42 of the Directive Principles of State Policy (DPSP).

Article 42 directs the State to “make provision for securing just and humane conditions of work

and for maternity relief.” While the provision does not explicitly mention menstruation, its

underlying aim is to ensure dignified and humane working conditions for women,

particularly in matters concerning reproductive health.

Menstrual rights as defined in international instruments

Human rights treaties largely remain silent on the issue of menstruation. The omission of

menstruation in human rights treaties and bodies, along with prevailing taboos and myths,

perpetuates the notion that menstruation is a shameful and private matter, unworthy of public

discourse. Despite their silence on menstruation, the CEDAW & CRPD offer opportunities for

reform.

In June 2022, the WHO recognized menstrual health as a health and human rights issue,

highlighting the need for universal access to menstrual resources and care. This shift is crucial,

as menstrual health is not universally guaranteed, especially for disabled individuals who face

unique challenges and stigma.

Menstrual Rights as defined in official Documents

Private member bill(s)

The-Menstruation-Benefits-Bill-2017

The Act applies to factories, mines, plantations, shops, establishments with 10+

employees, and can extend to other establishments, including self-employed women

and those in unorganized sectors.

Women employees are entitled to four days of paid leave or school leave during

menstruation. If a woman chooses to work instead of taking leave, she must be

paid overtime.

Women are entitled to two rest breaks of 30 minutes each during menstruation for up to four days in a month.

Establishments with 50+ employees must have creche facilities for employees with children.

Employers must inform women at the time of appointment about their menstrual benefits.

Women have a right to self-perception of menstruation.

Grievances related to menstrual leave are to be addressed by the Internal Complaints Committee under the Sexual Harassment of Women at Workplace Act or similar grievance bodies.

Penalties for denying menstrual leave or rest facilities include imprisonment of 1-3 months and fines between ₹10,000 to ₹50,000.

The Central Government can make rules for implementation.Paid Leave: Women employees and female students (Class VIII and above) are entitled to four days of paid leave during menstruation.

Rest Periods: Women working during menstruation must receive two 30-minute rest breaks per day for up to four days.

Creche Facilities: Establishments with 50+ employees must provide a creche within a prescribed distance.

Mandatory Disclosure: Employers must inform women of their rights under this Act at the time of appointment.

Self-Perception Clause: Women have the right to determine their own menstruation status.

Grievance Redressal: Menstrual leave issues are to be handled by Internal Complaints Committees under the Sexual Harassment Act.

Penalties: Employers denying menstrual leave or rest facilities may face 1–3 months imprisonment and fines ranging from ₹10,000 to ₹50,000.

Rulemaking Power: The Central Government is empowered to make rules for implementation.

‘Menstrual Rights’ as defined in official Documents

In India, there is no single legal definition of menstrual rights, but several official policy documents and government-issued guidelines provide definitions and frameworks that collectively shape its meaning.

The Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022  

The Bill proposes that every working woman shall be entitled to three days of paid leave during her menstrual cycle and that every female student shall be entitled to three days of absence from educational institutions during menstruation. It also guarantees free access to menstrual health products such as sanitary pads, tampons, and menstrual cups for all women, irrespective of economic or social status. To implement these provisions effectively, the Bill calls for the establishment of a Female Menstrual Health Products Price Regulating Authority under the Central Government. This body would be responsible for regulating the prices of menstrual products, ensuring their quality, and facilitating their free and equitable distribution to women across India. The Bill defines a “working woman” broadly to include women employed directly or indirectly, whether in factories, industries, or establishments. By recognising menstruation as a legitimate ground for paid leave, the proposed legislation aims to address the discomfort, pain, and stigma that women often experience, while promoting gender equality and inclusivity in workplaces and educational institutions.

Karnataka Government Menstrual Leave Provision (2024)

In a landmark step towards menstrual rights and workplace inclusivity, the Government of Karnataka approved the Menstrual Leave Policy, 2025, granting women employees one paid day of menstrual leave per month, amounting to twelve days annually. This policy applies to both government and private sector employees, making Karnataka one of the first Indian states to formally recognize menstrual health as a workplace concern. Earlier in September 2024, the State Labour Department had proposed a draft plan for six days of paid leave per year, which was later expanded following consultations with women’s groups and labour experts. The final approval by the Cabinet in October 2025 reflects a progressive shift in public policy towards acknowledging menstruation as a natural and legitimate health issue, rather than a taboo, however, emphasized the need for clear implementation guidelines to ensure equitable application across sectors and to prevent potential discrimination against women in hiring practice. female students in state-run universities, colleges and aided institutions to take one day, Paid menstrual leave for women,  

Kerala Menstrual Hygiene Policy (Draft 2023

Kerala has emerged as a leader in promoting menstrual hygiene through progressive policies and initiatives. In 2023, the state declared menstrual hygiene a "fundamental right" for girls, established sanitary napkin vending machines in government schools, and introduced menstrual leave for female students in state-run universities. The 2023 budget allocated INR 10 crore to promote menstrual cups as a sustainable alternative. Building on these efforts, the "Thinkal" project was expanded in May 2025, distributing three lakh menstrual cups across all local bodies in Kerala. These initiatives reflect Kerala's commitment to ensuring access to menstrual hygiene products and fostering an inclusive environment for all

Menstrual rights defined in Official government reports

At present, there is no central government report in India that gives a single, codified definition of menstrual leave.but however several official government reports, committee recommendations, and state policy papers have discussed it.

The Revised Guidelines for the Menstrual Hygiene Scheme (2016), issued by the Ministry of Health and Family Welfare under the National Health Mission, provide a comprehensive framework for promoting menstrual hygiene across India, particularly targeting adolescent girls in rural areas. The guidelines aim to increase awareness about safe menstrual practices, ensure access to affordable sanitary products, promote environmentally friendly disposal methods, and strengthen institutional mechanisms by involving Accredited Social Health Activists (ASHAs) and Self-Help Groups (SHGs). Additionally, the guidelines emphasize monitoring and evaluation to assess the effectiveness of menstrual hygiene programs. These measures reflect the government’s commitment to improving public health outcomes and advancing menstrual rights at the grassroots level.

Scheme for Promotion of Menstrual Hygiene

The Scheme for Promotion of Menstrual Hygiene, implemented by the Ministry of Health and Family Welfare under the National Health Mission, focuses on improving menstrual health among adolescent girls aged 10–19 years, particularly in rural areas. The scheme provides high-quality sanitary napkins at subsidized rates, ensuring accessibility for economically disadvantaged girls. In addition, it conducts awareness campaigns and health education sessions to inform girls about proper menstrual hygiene practices and safe disposal of sanitary products. The program is operationalized through Accredited Social Health Activists (ASHAs) and school-based initiatives, creating community-level support systems to promote menstrual health and hygiene effectively.

Term as defined in case laws

     Sabrimala case- Recognized menstruation-based exclusion as discriminatory, reinforcing dignity and equality for women. Sabarimala extensively dealt with indirect discrimination, women’s religious freedom, and the Indian Constitution. Sabarimala concerned a Hindu temple in southern India that does not allow women in the age group 10-50 years to worship In Sabarimala, it was noted that the exclusion of women from worship is inconsistent with constitutional values and these values supersede claims of religious belief. In indirect discrimination, the enquiry is about whether a criterion relied on by the discriminator has a disparate impact on a group of people whose characteristics are covered by the prohibited criterion.The Court in Sabarimala noted that in discussing the freedom to practise religion, it is important to consider the structures of oppression and domination that exists within our society

In the case of  Nirjhari Mukul Sinha v. Union of India (2021)

The issue was the social exclusion and discriminatory treatment of women based on their menstrual status, which raised questions about the violation of fundamental rights under the Indian Constitution. Specifically, the case addressed whether practices that exclude menstruating women from public, private, religious, or educational spaces infringe Articles 14 (equality), 15 (prohibition of discrimination), 17 (abolition of untouchability), 19 (freedom of expression), and 21 (right to life and personal liberty). The court held that the bench observed that menstruation has been unduly stigmatized, leading to discriminatory practices akin to untouchability. To address this, the court issued guidelines directing the state to prohibit any exclusion of women in public, private, religious, and educational spaces based on menstruation, launch awareness campaigns through schools, mass media, and audiovisual materials, involve NGOs and community workers, include menstrual health education in curricula, allocate necessary resources, and monitor compliance with penalties for violations. These measures aim to dismantle menstrual taboos and ensure that women are not discriminated against for natural biological processes.

Sensitise health and community workers - ASHA, Anganwadi workers, adolescent friendly clinics, so they understand menstruation biology and can diffuse myths.

Infrastructure & monitoring: ensure schools/hostels have safe, private sanitation & disposal facilities; conduct surprise inspections of institutions; impose penalties on erring institutions.

Allocation of funds: The State Government should allocate necessary funds to implement these guidelines and monitor compliance.

Policy on Menstrual Leave

Bihar

Bihar became the first state in India to introduce a formal menstrual leave policy for women employees in 1992 under the leadership of Chief Minister Lalu Prasad Yadav. The policy grants two days of paid leave per month to women government employees during their menstrual cycle.

The policy acknowledges menstruation as a natural biological process that can cause discomfort or pain, allowing women to take leave without affecting their salary or entitlements. It was a groundbreaking initiative at a time when menstruation was largely a taboo subject, providing official recognition of women’s health needs in the workplace. The leave applies to all female employees in government departments, who can avail it by informing their supervisors or HR. While widely welcomed for promoting gender-sensitive work environments, some critics argued it might reinforce stereotypes about women’s productivity. Despite this, Bihar’s policy remains a significant early example of institutional support for menstrual health, setting a precedent for other states, such as Karnataka, to implement similar measures.

International experience in Menstrual rights

other countries define Menstrual

right as countries define and address them through policies and laws centered on three key areas: access to menstrual products, leave from work or school, and destigmatizing menstruation, The World Health Organization (WHO) and other advocates frame menstrual rights as a matter of public health, human rights, dignity, and gender equality.

Scotland:

In 2021, Scotland became the first country to legally mandate free access to period products for anyone who needs them. Under the Period Products Act, councils and education providers must make products available in public places like schools and libraries.

New Zealand:

In 2021, New Zealand began providing free period products in all schools. The program was initiated to combat period poverty and reduce school absenteeism.

Kenya, Canada, Australia, and India: These countries have eliminated or reduced taxes on menstrual products to make them more affordable. The removal of the "tampon tax" reclassifies these items from "luxury goods" to essential items.

Germany:

Following public outcry over the "tampon tax," Germany reduced the sales tax on menstrual products from 19% to 7% in 2020.

Zambia:

While facing significant challenges with period poverty, Zambia's government has collaborated with aid organizations to improve access to products and increase awareness of menstrual hygiene management. Some countries and companies offer menstrual leave, recognizing that severe symptoms can affect productivity and well-being.

Spain:

Became the first European country to pass legislation providing paid menstrual leave for workers who experience painful periods, with a doctor's note.

South Korea: Female employees are legally entitled to one day of unpaid menstrual leave per month. If they do not take it, they are entitled to additional pay.

WHO

The World Health Organization (WHO) emphasizes that menstrual health should be recognized as a health and human rights issue, not merely a hygiene concern. While historically absent from major international frameworks like the Millennium Declaration and the Sustainable Development Goals, grassroots activists—particularly from the Global South—have highlighted the barriers women and girls face in managing menstruation, which affect their education, work, health, and gender equality. WHO calls for access to education, information, menstrual products, sanitation facilities, and empathetic healthcare, while promoting supportive schools, workplaces, and public institutions that normalize menstruation. Although some governments have taken steps, such as removing taxes on menstrual products, providing access in schools, or granting menstrual leave, WHO stresses the need for comprehensive action that integrates menstrual health into policies, budgets, and broader sexual and reproductive health programs, including in humanitarian contexts.

Technology Transformation and Initiatives for Menstrual Rights

Technology has played a important role in advancing menstrual health awareness, accessibility, and rights in India and globally.

Digital Awareness and Education Platforms Mobile Apps & Websites: Apps such as Clue, Flo, My Calendar, and Maya help individuals track menstrual cycles, symptoms, and health patterns.

These apps not only promote body literacy but also encourage conversations around menstrual wellness. NGO Initiatives

Projects like Menstrupedia (India-based educational platform) and Boondh use comics, videos, and e-learning modules to teach adolescents about menstrual health and hygiene.

Appearance of Menstrual Rights in Databases

Database A- National Databases (India)

In India, the term “menstrual rights” does not clearly appear in most national databases. But, related aspects are reflected indirectly through data on menstrual hygiene, reproductive health, and workplace leave policies.

Government Reports & Surveys:National Family Health Survey (NFHS): Mentions menstrual hygiene, access to sanitary products, and awareness.

Women and Child Development Reports: Track women’s health and workplace participation; sometimes refer to menstrual leave or policies indirectly.

The National Family Health Survey (NFHS) is India’s premier source of data on health, nutrition, and population indicators, conducted periodically by the Ministry of Health and Family Welfare. While the NFHS does not explicitly mention “menstrual rights,” it provides rich data on menstrual hygiene and reproductive health, which are directly relevant to understanding the state of menstrual well-being in India.

NFHS Survey

Menstrual Hygiene Practices:

NFHS collects information on what women and adolescent girls use during menstruation (e.g., sanitary pads, cloth, other materials).

Data often shows differences in practices based on rural vs urban locations,education level, and socio-economic status.

Access to Menstrual Products:

The survey measures the availability and affordability of menstrual products.It also captures whether girls have access to sanitary products in schools, which reflects government program outreach (like the Menstrual Hygiene Scheme).

Awareness and Knowledge:

NFHS includes questions about women’s knowledge of menstruation, proper hygiene practices, and awareness of reproductive health issues.These indicators help identify gaps in health education and social taboos around menstruation

.Health Outcomes Related to Menstruation:

NFHS provides indirect insights into menstrual health through reproductive health indicators, such as anemia prevalence, which is closely linked to menstrual health.

2. Labour & Employment Databases:Some state government HR portals (Karnataka, Kerala) record menstrual leave as part of employee leave types.

3. Education & Health Schemes: National Health Mission (NHM) Data: Tracks menstrual hygiene initiatives in schools and communities.

Database B international Database

UNICEF and UNFPA databases (through the Joint Monitoring Programme) collect data on Menstrual Health and Hygiene (MHH) indicators, including access to toilets, pads, and disposal systems in schools and workplaces.

Research that engages with Menstrual Rights:

https://journals.law.harvard.edu/hrj/2024/04/menstruation-human-rights/

https://ohrh.law.ox.ac.uk/wp-content/uploads/2023/10/U-of-OxHRH-J-Engendering-the-Right-to-Work-2.pdf

Menstrual Rights as defined in official Documents

Private member bill(s)

In December 2021, S. Jothimani, Congress Member of Parliament (MP) from Tamil Nadu, had introduced a Private Member Bill named, ‘Right to Menstrual Hygiene and Paid Leave Bill, 2019’, which sought to bring menstrual leave into the ambit of the rights of a woman, and a refusal of such leave into the domain of T he Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Ninong Ering, a Lok Sabha Member of Parliament from Arunachal Pradesh, moved a private members’ bill in 2017 named as the Menstruation Benefits Bill. It is a bill to provide facilities to female employees at the workplace during menstruation and matters connected therewith.

Private Member Bill on Denying Entry to Menstruating Women in Sabarimala (2019)A private member bill was introduced to deny entry to menstruating women in the Sabarimala temple. The Statement of Objects and Reasons emphasized the preservation of religious customs and traditions

  a Public Interest Litigation (PIL) filed in the Gujarat High Court, seeking the formulation of laws to prohibit exclusionary practices against menstruating women. The PIL was prompted by an incident in February 2020, where 68 undergraduate girls in a hostel were subjected to a strip test to prove they were not menstruating, following allegations that menstruating females were violating religious norms.The petitioners have requested the court to issue guidelines, rules, and advisories to ensure that educational institutions, hostels, and other living spaces for women do not practice social exclusion based on menstrual status. They also advocate for spreading awareness about menstruation as a normal physiological phenomenon and for the allocation of necessary funds to implement these measures.The Gujarat High Court has issued notices to the Centre and the Gujarat State Government, proposing directions to prohibit such exclusionary practices and to undertake awareness campaigns. The court has also called for data collection on the prevalence of such practices in educational institutions and other relevant spaces within the state.

Challenges:

    Most of the professional work spaces do not grant rights to women who are menstruating. Often, it is observed that the women struggle to manage their menstruation along with their workload.

    Schools and colleges do not consider providing leave for women during their menstruation and are expected to work with the pain.

    Struggles of menstruation are not seen to be of ‘struggle’ - women working and doing their jobs, normalising their pain. Cramps, not being recognised as a hindrance for women, but is normalised and are expected to be normal.

Way Ahead:

Many schools, colleges and workspaces are recognising the need for menstrual rights and there are developments taking place across the country and the world. Recently, even the state of Karnataka is recognising the importance of it and there have been changes in the systems. Similarly, other institutions and companies are changing their policies on granting leaves for women who menstruate.

Related terms:

     Some of the related terms of menstrual rights are -

     Menstrual leave, menstrual equity, menstrual health & hygiene, period poverty, period tax