File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Menstruation Leave In India

Mensuration period is a time period in which women of age between 13-45 having bleeding from their uterus in this duration woman's face Sevier period cramps, fever, breast pain, heavy blood loses, bloating, lack of concentration, sleeping problems and physical discomfort.

Every woman faces different health issue during mensuration periods. This health issue can be very serious or normal it completely depends upon the health history of the woman's or other mental or physical issue. This periods pain can lead even death of the woman and suicide tendency also increase during mensuration periods. so, because of this issue it is very hard for a working woman to continue her office and work efficiently during mensural cycle.

Mensuration leave is basically leave of 3 or 4 days in every month for the female employees many country have already given this leave but India have no policy regarding this and Indian working woman's are still struggling with the mensuration pain and official work

What Is Mensuration
Menstruation is the monthly shedding of the lining of your uterus. Menstruation is also known as menstruation, menses, menstrual cycle or menses. Menstrual blood: which is part blood and part tissue from inside the uterus: flows from the uterus through the cervix and out of the body through the vagina.

Menstruation is controlled by hormones. Hormones are chemical messengers in your body. Your pituitary gland (in your brain) and ovaries (part of your reproductive system) make and release certain hormones at certain times during your menstrual cycle.

These hormones cause the lining of the uterus to thicken. This is done so that, should pregnancy occur, the egg can implant in your endometrium. Hormones also cause your ovaries to release an egg (ovulate). The egg moves through the fallopian tubes, where it waits for sperm. If the sperm does not fertilize this egg, pregnancy will not occur. The lining of your uterus breaks down and falls out. This is your period.

Mensuration Cycle
The menstrual cycle is a term that describes the sequence of events that occur in your body as it prepares for the possibility of pregnancy each month. Your menstrual cycle is the time from the first day of your period to the first day of your next period. Everyone's cycle is a little different, but the process is the same. [1]

Four Stage Of Mensuration Period
The rise and fall of your hormones trigger the steps in your menstrual cycle. Your hormones cause the organs in your reproductive tract to react in certain ways. Specific events that occur during the menstrual cycle are:

Menstrual Phase: This phase begins on the first day of menstruation. This is when the lining of your uterus sheds into your vagina if you have not become pregnant. Most people bleed for three to five days, but a period lasting only three to seven days is usually nothing to worry about.

Follicular phase: This phase starts the day you get your period and ends with ovulation (it overlaps with your period and ends when you ovulate). During this time, levels of the hormone estrogen rise, causing the lining of the uterus (endometrium) to grow and thicken. In addition, another hormone - follicle-stimulating hormone (FSH) - causes follicles in the ovaries to grow. During days 10 to 14, one of the developing follicles will form a fully mature egg (egg).

Ovulation: This phase occurs around day 14 of a 28-day menstrual cycle. A sudden increase in another hormone: luteinizing hormone (LH): causes your ovary to release an egg. This event is ovulation.

Luteal phase: This phase lasts from approximately day 15 to day 28. Your egg leaves the ovary and begins to travel down the fallopian tubes to the uterus. The level of the hormone progesterone rises to help prepare the lining of the uterus for pregnancy. If the egg is fertilized by sperm and attaches to your uterine wall (implantation), you become pregnant. If pregnancy does not occur, estrogen and progesterone levels drop and the thick uterine lining is shed during menstruation.[2]

Woman's Age For Mensuration
Mensuration starts in young women between the age of 13: 16 years this age can be different for woman's and it last till the age of 45 years. in normal case mensuration period can be 3-7 days. in case of PCOD time period of mensuration and pain both increases. around 59% of woman's are having mensuration

Health Issue That Woman's Face During Mensuration
There is many health issue that a woman faces during her mensuration cycle some of them are mentioned below:
  • Abdomen Cramps
  • Breast Pain
  • Heavy Blood Lose
  • Lack Of Concentration
  • Sever Mood Swings
  • Sleeping Problems

Woman's having endometriosis experience extreme pain and fainting spells during this time. basically, endometriosis is a condition in which tissues from the uterine lining bleed in the wrong place within the abdomen

Premenstrual dysphoric disorder (PMDD):
Woman's suffering with PMDD face extreme mood swing even suicide tendency also increase in woman's

History Of Mensuration Leave
Ancient Cultural
In ancient India women was restricted to entered to any religious place, kitchen and in many other places the main reason behind this was to give rest to the woman who was going through the mensuration period. in ancient Indian culture woman's get isolated for the mensuration period in order to protect the women from wild animal. As animal get attracted by the smell of blood

Middle Age
The history of paid menstrual leave dates back to World War II. Countries like Japan, South Korea, Indonesia and Taiwan have been far-sighted problem and entitle female employees to menstrual leave. Italy also proposed an Account for paid menstrual leave.

Historically, Indian companies have been marked with this feature vibrant liberalism. A girls' school in the state of Kerala has allowed its students to menstruate to leave as early as 1912. In this financial year several companies in India have individually introduced a policy of paid menstrual leave for their female employees.[3]

What Is Mensuration Leave
Menstrual leave refers to a specific form of leave for those who experience menstrual pain. It recommends that female workers be given time off work during menstruation, as well as in case of any illness. These holidays are unpaid and are taken in addition to the usual sick leave provided to all employees

Why We Need Mesuration Leave (Legislation)
In India, 20% of menstruating women have PCOS and approximately 25 million suffer from endometriosis.

Work Efficiency:
According to a British medical journal research employee loss 8.9%-day productivity

Opportunity For Woman To Speak Up:
Maturational leave will be an opportunity for woman's to speaks about their mensuration cycle and get better health treatment

Human Working Condition:
it's not about that woman need rest in their mensuration cycle but it's because of lack of working condition for woman's during mensuration cycle s[4]

International Initiative:
Soviet Russia: In the 1920s and 1930s, Soviet Russia exempted menstruating women from paid work to protect their reproductive health, thus giving rise to the idea of ​​a formal menstrual leave policy.

Russia: In 1947 Russia added mensuration leave in article 68 of labour law of Russia. In the 1920s, trade unions in Japan popularized the concept, which has been around for more than 70 years

Indonesia: Indonesia taken initiative in year 1948 for mensuration leave

Taiwan: Article 14 of gender equality and employment give right to take mensuration leave to the female employee

South Korea: article 73 of labour law of south Korea talks about mensuration leave

Vietnam: Vietnam gives three days leave per months. extra payment will be given for not taking leave.

Spain: On February 16 ,2023 Spain becomes the first EU country to give sexual health right and mensuration leave to their employee[5]

Spain's Former Minister Of Equality Irene Monters Said In His Parliamentary Speech "Without These Rights Woman Will Get Deprive Of Full Citizen Actual Substance"

According to research conducted at University College London and published, it was revealed that period pain can be "as bad as a heart attack". Due to the biological complexity of women and the intense pain they must suffer. woman's entitled to leave during menstruation.

In addition, women are the least productive regarding employment during menstruation, especially the first and second days of menstruation menstrual cycle due to unmanageable discomfort. Therefore, it may not be very fruitful for them employers in terms of production. Therefore, with both views of the woman menstrual leave is desirable for both employees and employers.

Indian Initiative For Mensuration Leave
India has no legislation regarding mensuration leave but few state of India have taken initiative for the mensuration leave

Bihar: In 1992 Bihar becomes the first state to introduce mensuration leave in the Bihar by ex-chief minister of Bihar Mr. Lalu Prashad Yadav

In the duration of chief minister state of Kerala implemented mensuration leave in their state higher educational institute. 73% attendance in case of girls and 75% attendance in case of boys

Indian Government:
The Menstruation Benefits Bill 2018, which provides for 2 days of menstrual leave and better rest opportunities at the workplace, has yet to be approved

Private Company Initiative For Mensurational Leave
In 2017, Mumbai-based companies Gozoop and Culture Machine became the first private companies to introduce First Day of Period (FOP) in India.

With more than 5000 employees, Zomato is one of the leading delivery companies in India. Deepinder Goyal, CEO and founder of Zomato, introduced the holiday email policy to his employees. The email stated that female employees can now take 10 days of leave per year for the duration of their leave.

The email also mentioned that women should not be shy about giving real reasons, such as period leave. The CEO also appealed to male employees not to be uncomfortable mentioning the word period and to understand women's pain and struggles.[7]

Fly My Biz
Fly My Biz is a digital marketing agency based in Kolkata, India. This company also introduced menstrual leave through a press release in 2019. According to their program, female employees of the company can take 12 paid days off as menstrual leave and it will not be counted as sick or casual. They also wrote about taking the initiative to appreciate motherhood and see this period as a biological process rather than a taboo[8]

Byjus 's
Byju's is an Indian education technology company that is valued at around $22 billion. They have also started a period leave policy under which female employees of Byju's can take 12 paid period leaves in a year. Employees also have the option to either take a full day off every month or they can take two half-day leave as well.[9]

Swiggy is another food delivery company that has introduced a time off policy for its female partners. According to the policy, employees can take 2 days of paid leave every month for their duration. This initiative was taken by Swiggy to cater to women who have to be on the go and deliver food while facing menstrual issues. The best thing about this policy is the phrase "no questions asked"[10]

India Mensuration Benefit Bill 2017:
  • Sec 5:
    Every woman employee working in the establishment during her menstruation shall be entitled to thirty minutes of rest period twice a day for not more than four days during menstruation in a month.
  • Sec 7:
    Every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under this Act.
  • Sec 8:
    Every woman shall have a right to self-perception of her menstruation.
  • Sec 9:
    The Internal Complaints Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 or similar Grievance Redressal Committees will entertain the cases related to mensuration cycle leave.
  • Sec 10:
    Whoever denies leave to a woman during her menstruation or obstructs a female employee from entitlement of menstrual leave; or denies or discontinues prescribed rest and recreation facilities to the women during her menstruation shall be punished with the imprisonment of not less than one months and punishment can extend to three months with or without fine of minimum ten thousand which can extend to fifteen thousand. [11]

Objective Behind This Bill
There were frequent demands across India for further amendment of labour laws with the aim of providing female employees with a better working environment. Menstruation is coming the movement has gained momentum across the country and there is intense demand entitle women to paid leave during menstruation.

In addition, there were requirements provide intermediate breaks during menstruation on working days and facilities for rest workplace in India. Many women, media and civil society organizations started dealing with difficulties associated with menstruation and requiring paid leave. The the success of several campaigns and petitions launched for menstrual leave confirms that movement is rapidly gaining momentum in India

Later The Right To Menstrual Hygiene And Paid Leave Bill, 2019 and Right to Women to Menstrual Leave and Free Access to Menstrual Health Products Act, 2022 was introduced which was also rejected by the parliament

Parliament On Mensuration Leave
Recently the woman and child development ministry smriti Irani given her view regarding paid mensuration leave she replied on a question asked by a upper house member about the mensuration leave. her statement was "As a menstruating woman, menstruation and the menstrual cycle is not a handicap, it is a natural part of a woman's life journey... We should not propose topics where women are denied equal opportunities just because someone who does not menstruate has a special opinion about menstruation,"

So Indian have no legislation regarding paid leave or leave during mensuration period of woman's

Supreme Court
The Supreme Court recently dismissed a petition that sought to direct all states to formulate a menstrual leave policy, saying it would be more appropriate to approach the Ministry of Women and Child Development.

Indian Constitution Regarding Mensuration Leave
Article 14 of Indian constitution says "The state does not deny anyone equality before the law or equality protection of laws in the territory of India"

equal protection of law under article 14(2) of Indian constitution refers to the equal protection of law between equals its means unequals should not be treated by equal laws. on the basis of this article reservation has been given to different community of the society like reservation to SC/ST, OBC reservation, economically weaker section reservation and woman reservation.

In many case the supreme court of India mentioned that for public welfare reasonable classification is very important. In State Of Bombay V. F.N Batsara the supreme court of India given two test for reasonable classification the first one intelligible differentia and rational nexus. In E.P Royapa V. State Of Tamil Nadu the supreme court of India expand the concept of intelligible differentia and added one more element that is reasonableness and given new rule.

In Maneka Gandhi V. Union Of India the supreme court of India explained the rule more briefly explained the concept of cast and class and concept of equality before law. Article 15 (3) of Indian constitution given an exception which is:
"The government can make special provision for woman's and child on the basis of this two article the government can make the paid mensuration leave policy. as mensuration leave policy can increase woman work efficiency and increase number of woman's in different field and also helps woman to be more productive and creative. as article 14(2) cover reservation under his umbrella to take the different section of the society in one line and stope exploitation of the weaker section of the society.

Woman's also have reservation of 33% in Indian this is all about the social and economical equality but what about the physical difference normally there are two main genders in the society male and female. mensuration is a periods where woman's face so much health issue and between those issue a woman have to complete her all office work and pretend that there work is equal to the male employee of the office in order to get promotion and increment. as the government have given reservation of 33% in the same way the government can give paid mensuration leave or mensuration leave.

Article 15 of Indian constitution given an exception the state can make special provision for woman's and child. and through this article the constitution maker given an opportunity or responsibility to the state to make special law and policy for the betterment of the women. so, the paid mensuration leave policy also comes under the umbrella of article 14 and 15 and.

Mensuration leave is a very serious issue for today's society. Developed country like Russia, Spain is also giving mensuration leave. But Indian government takin this issue very lightly and supreme court of India is also rejected the PIL saying that mensuration leave policy is matter of legislation. everyone is talking about the economic and social equality but no one is speaking about the physical equality.

In our normal life we use to say that women's is equal to mans but in actual they are not. Woman's have complex body and numbers of hormonal changes. Even the constitution of India under article 15(3) giving the state power to make special provision for the women. in order to improve woman's participation in the country its very important to give them paid leave during their mensuration cycle.

  1. Indian Constitutional Law 'M.P Jain ' Eighth Edition, J.Ap Sahi, Sharath Chandran

  • Mensuration Cycle [12 September 2022]
    < >
    Accessed 2nd January 2024
  • Mensuration Cycle [12 September 2022]
    < >
    Accessed 2nd January 2024
  • Mensuration benefit bill 2017
    < >
    accessed 31 December 2023
  • Need for mensuration leave in India
    < >
    accessed 2nd January 2024
  • Global push for mensuration leave
    < >
    accessed 2nd January 2024
  • Spain mensuration leave
    < >
    accessed 2nd January 2024
  • Zomato initiative for mensuration leave
    < >
    accessed 23rd December 2023
  • Fly My Biz initiative for mensuration leave
    < >
    accessed 23rd December 2023
  • Byjus mensuration leave
    < >
    accessed on 28 December 2023
  • Swiggy initiative for mensuration leave
    < >
    accessed 27 December 2023
  • India Mensuration Benefit Bill 2017
    < >
    accessed 27 December 2023

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly