White Paper on Menstrual Leave

Prepared by the Centre for Research and Planning, Supreme Court of India

1. Introduction: A Landmark Step Towards Inclusive Workplaces

In a significant stride towards gender justice and substantive equality, the Centre for Research and Planning (CRP) under the Supreme Court of India has released a comprehensive White Paper on Menstrual Leave. This visionary document addresses a long-overlooked aspect of workplace welfare: the need for formal policy acknowledging the health needs of menstruating employees.

The White Paper builds a compelling case for why menstruation, a natural biological process for nearly a1.8 billion people, must be recognized as a legitimate health concern in professional settings. It moves beyond mere debate to provide a concrete, constitutionally-grounded framework for implementing menstrual leave policies across India, positioning the Supreme Court as a thought leader in fostering dignified and equitable workplaces.

2. Core Understanding: What is the White Paper About?

This document is not just about leave; it is about dignity, equality, and inclusion. It systematically argues that providing menstrual leave is a necessary step to ensure that menstruating persons—including women, transgender men, and non-binary individuals—can participate fully in the workforce without being disadvantaged by their biology.

Readers will understand:

• The Health Imperative: The physical and emotional symptoms of menstruation (like pain, fatigue, and mood swings) can be severe, hindering productivity and well-being.

• The Constitutional Mandate: The right to menstrual leave is deeply rooted in the Indian Constitution, derived from the Right to Life with Dignity (Article 21), Equality (Articles 14 & 15), and the directive principles for just and humane work conditions (Articles 41, 42, 43).

• The Need for Inclusivity: The paper powerfully argues for a de-gendered approach, emphasizing that policies must explicitly include all menstruators, not just cisgender women, in line with the Supreme Court's landmark judgment in NALSA v. Union of India.

• A Global and National Perspective: It reviews international best practices and existing policies within Indian states and educational institutions, highlighting a growing global movement and the uneven progress within India.

3. Key Pillars of the Argument

The White Paper's reasoning rests on several robust pillars:

• Substantive Equality: It argues that true equality means accounting for biological differences. Menstrual leave is a form of reasonable accommodation that enables substantive rather than just formal equality at work.

• Boosting Productivity: By reducing "presenteeism" (being at work but unproductive due to illness) and creating a supportive environment, these policies can enhance overall organizational efficiency.

• Dismantling Stigma: Institutionalizing menstrual leave helps normalize conversations around menstruation, challenging deep-seated social taboos and stereotypes.

4. Action-Oriented Recommendations: From Theory to Practice

A standout feature of this White Paper is its practical approach. It provides two ready-to-implement model policies for institutions:

• Model A: The Privacy-Focused Model
  Grants 12 additional casual leaves per year, increasing the total to 20.
  Employees do not need to specify the reason for the leave, thus protecting their privacy and preventing stigma. This model is particularly beneficial for transgender and non-binary employees.

• Model B: The Explicit Recognition Model
  Creates a separate category of "Symptoms-Based Health Leave"—one paid day per month specifically for menstruation.
  This model aims to formally recognize and normalize menstrual health in the workplace, fostering awareness and empathy.

Both models ensure leave is paid, confidential, and cannot be used against an employee in performance evaluations.

5. Conclusion: A Call for Leadership and Inclusivity

The White Paper concludes with a powerful recommendation for the Supreme Court of India to lead by example and implement a menstrual leave policy for its own employees. By adopting a degendered and inclusive policy, the Court can set a transformative precedent for the entire nation.

This document is more than a report; it is a blueprint for building a more compassionate, productive, and constitutionally-aligned work culture in India. It affirms that recognizing the embodied realities of employees is not a privilege but a fundamental right, essential for fulfilling the constitutional promise of dignity and justice for all.

"White Paper on Menstrual Leave" published in November 2025 by the Centre for Research and Planning, Supreme Court of India.