Efficacy of Menstrual Leave in the Workplace: Law and the Changing Discourse on Gender in India

This paper contextualises the ongoing debate in India on menstrual leave and the need to integrate physiological differences into workplace policies. The effort has been to analyse different physiological constitutions in the workforce, various menstruation experiences, and current inequitable workplace policies and legal provisions. Also provided is an explanation of menstruation from the perspectives of Ayurveda and allopathy, as well as a presentation of medico-legal opinions. The impact policies have on workforce participation is examined in addition to the basic arguments associated with the debate. They are supplemented by the responses of employers and employees in the organised and unorganised sectors in India. Based on this analysis, some measures are suggested for inclusion in leave policies in both the organised and the unorganised sectors in India with the aim of achieving gender equity and gender diversity; they may also be appropriate in other countries that have similar cultural contexts and labour laws.