Description

Women Rights, Law and Justice
Editor: Prof. Dr. Yogesh Kumar Gupta
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-2-0, 2026

Chapter 18

Menstrual Leave: A Legal Lingering Debate

Dr. Shruti V. Kamat Dalal
Assistant Professor, V. M. Salgaocar College of Law, Miramar – Goa

Abstract

Women as a gender have always been subjected to endless dark realities of life. This is mainly because of the factors that predominantly determine their existence. The position of women has always been underrated. There have been times when their voice is neglected and justice buried. However, a progressive society solicits attention over issues that demand legitimate action from the Executive.

One such issue is drafting a policy on menstrual leave that would work in the interest of women. Despite women being under protective shield of the Indian Constitution, the question on menstrual leave is a long run legal debate. It is expected that Union and State would act in unison and take a step forward to implement legislation or a policy on grant of menstrual leave as the matter relates to life, liberty and freedom of women at large.

Key words

Women, Menstrual leave, Equality, Health, Dignity, Privacy

1. Introduction

History reflects the endless discrimination subjected to women denoting prejudice in diverse forms and plethora of circumstances when the matter concerns gender equality. Women and a girl child have always been rated on an unequal position due to social, economic and biological factors. The growth and development of women is hindered when her soul is encircled with structural exploitation and biasness. The result being, though women as a gender are part of the society they remain non – participatory when it comes to reasonably enjoying their life and liberty. Hence on the platform of equality women have faced tremendous backwardness.