India's Period Leave Dilemma: Empathy Could be the Solution

By: Rachita Sharma, Managing Editor | Monday, 23 March 2026

A few days back the Indian Supreme Court rejected a petition to enforce a national menstrual leave policy, citing the move as becoming a disadvantage for female employees.

While hearing a petition filed by lawyer Shailendra Mani Tripathi, seeking a national menstrual leave policy, the two-judge bench headed by Chief Justice Surya Kant stated that enforcing mandatory leaves might put women professionals at a serious disadvantage as companies may look at them being "not at par" with their male counterparts. The highest court of law said that such a policy could result in "no-one will hire women" and could potentially be "harmful for their growth".

In 2023 we heard Indian politician Smriti Irani echo a similar sentiment. While answering a question asked in the parliament, the then Union Women and Child Development (WCD) Minister stated that Menstrual Hygiene Policy could lead to women being discriminated against at the workplace.

She highlighted that menstruation is not a handicap and should not warrant a specific policy for mandatory leave. 

Further clarifying her stance, Smriti said in an ANI interview that she spoke from personal experience and did not want more women to be harassed.

Taking cognizance of the discomfort and difficulty faced by several menstruating women, she said that such leaves are a part of the medical leaves provided by companies. "Under the Occupational safety and health standard rules of 2020, a medical leave is already provided for", said Smriti.

Is it Really a Dilemma, though?

Period leaves have always been a much-discussed topic which elicits arguments from both sides of the coin.

While some believe that period leave must be enforced since women face discomfort during their menstrual cycles while others believe that such leaves might discourage companies from hiring more women. It is believed that period leaves might hurt women’s endeavour to create a level playing field in the professional world.

However, what does equality in this context really mean?

It is a fact that men and women differ physiologically. Women are faced with several conditions and ailments owing to their physiology.

Keeping this baseline understanding in mind, we must understand that true workplace equality can be achieved only when we acknowledge biological realities such as menstrual pain and more.

While it is certainly not a handicap, but it does cause women serious discomfort. According to medical studies, more than 50 percent of menstruating individuals undergo pain and discomfort for 2-3 days a month. Out of them 15–25% experience moderate to severe pain, which can impact daily productivity. 

State Policies Regarding Period Leave

Although the Supreme Court denied the petition to create a national policy for period leave, yet several Indian states have already taken the first steps in introducing period leaves for those in need.

Bihar was the first Indian state to take up this matter. Since 1992, the state of Bihar allows women government employees to take two days of menstrual leave per month.

In 2025, Karnataka became the very first Indian state to mandate paid menstrual leave for all public and private sector employees. Individuals can avail leave for one day per month and 12 days annually.

States such as Odisha, Kerala, Sikkim etc have also put in thought towards making policies around period leave.

Private Companies Offering Period Leaves

Beyond state governments, India also has several top companies that offer period leaves. food delivery application Zomato was the first in India to introduce menstruation leave in 2020. Following suit companies such as Swiggy, BYJU’s, CK Birla Group’s unit, Orient Electric, L&T, Acer India, Magzter, among various others have introduced menstruation leave policies.

Employees can choose to avail these leaves on not, but it is always helpful to have supportive policies in place.

It makes employees feel seen, head and valued.

The Influential Must Set the Precedence

Amidst the quest to build an equitable workplace structure, it is critical that the powerful become the true voices of change. Stakeholders such as the highest court of law in India could take the lead and set the precedence for empowering women with the tools required to build careers that are fruitful and long-lasting.

In order to do so, their physiological needs must be taken into account. For menstruating individuals, a supportive policy could ease their challenges.

Such policies will also help in breaking the stigma surrounding menstruation. In India, a majority still feel uncomfortable talking about menstruation. Menstrual hygiene products are still used clandestinely, keeping the culture of taboo very much alive.

Talking about periods openly will help break this stigma.

Leading with Empathy is the Key

The advantages of providing menstruation leave policies certainly outweigh the negatives.

A similar sentiment was felt around maternity leaves few decades back. However affirmative action helped normalize the topic of maternity leave. Today thousands of Indian women benefit from the maternity leave laws and are able to return to sustain successful careers ever after motherhood.

While challenges do persist in terms of returning mothers in the workplace, yet such policies help give them the initial push to not give up on their careers.

The same can be done for menstruating individuals.

Approaching such topics with an empathetic approach could help ease individuals’ challenges pertaining to menstruation.

As someone who personally experiences immense pain and discomfort during menstruation, I would be delighted if such supportive policies could be put in place. It might not help ease the pain, but it will certainly make many more like me feel seen and valued in the workplace.