This paper examines the legal and empirical bases for incorporating menstrual leave within India’s labour regulatory framework. Its objective is to determine whether a constitutionally compliant, evidence-based accommodation model can adequately address menstruation related occupational-health needs without reinforcing stigma or producing adverse labour-market consequences. Using a doctrinal analysis of statutory and constitutional provisions, supported by peer-reviewed medical, socio-legal, and labour-policy literature, this study evaluates gaps within India’s labour codes and assesses international approaches to menstrualhealth regulation. Although global research increasingly documents productivity losses associated with dysmenorrhoea and the gendered inequalities arising from insufficient workplace accommodations, little inquiry has focused on the legal design, evaluation, or normative justification of menstrual-leave interventions. This paper situates menstrual accommodation within the Indian constitutional framework, particularly Articles 14, 15(3), and 21, and critically examines competing justifications, including health-based claims, economic considerations,
gender-responsive occupational health, and the need to counter menstrual stigma. The findings suggest that a well-designed accommodation duty, rather than an unconditional leave entitlement, aligns more closely with constitutional principles and comparative experience. The paper concludes by recommending a statutory
amendment incorporating procedural safeguards, participatory design, and evaluative mechanisms to ensure a coherent and equitable approach to menstrual health in the workplace.
Review Article
English
P. 57-61