Health and Me

Rachel V Thomas

Menstruation Not a Disability: Experts Call Mandatory Period Leaves Unnecessary, Urge Alternative Options

<span>Menstruation</span> is not a disability, and therefore, there is no need for mandatory <span>period leaves</span>, said experts, a day after the <span>Supreme Court</span> of India quashed the petition seeking a menstrual leave policy.

The top court expressed concerns that a law making <span>paid leave</span> during menstrual pain compulsory could harm the careers of young women and deprive them of equal opportunities.

While such a policy may look appealing from a “rights perspective,” the court noted it could have “long-term impacts.”

According to the 2025 <span>Periodic Labor Force Survey</span> (PLFS) data released by the Ministry of Statistics and Program Implementation (MoSPI), women’s labor force participation (LFPR) showed significant growth, reaching 35.3 percent in December 2025, driven largely by a consistent rise in rural areas, which peaked at 40.1 percent.

The female worker population ratio (WPR) also increased, reaching a yearly high in December, highlighting greater engagement in the workforce.

However, India’s female participation remains notably lower than the global average of nearly 49 percent and the OECD average of 67 percent, indicating a persistent, though shrinking, gender gap.

In this context, the court observed that a mandatory period leave policy could create the impression that women “still have some natural issues” and “are not at par with male persons.”

“Will an employer be happy if an employee takes leave every month? You risk creating a situation where employers may be reluctant to hire women,” the bench said.

<h2><span rel="noindex">Period Pain</span> is Real. Paid Leave Unnecessary</h2>

HealthandMe spoke to several experts who agreed with the Supreme Court’s view, noting that while period pain and related concerns are real, they do not warrant paid leave for all women employees.

Periods affect women worldwide. For some, it comes with severe back pain, headaches, cramps, fatigue, and other symptoms. For others, the days pass with little discomfort.

“I feel mandatory menstrual leave for all female employees is unnecessary. While menstrual issues are real, not everyone suffers from them. Young women experience debilitating pain in about 1 in 10 cases, while women in their 40s may experience heavier bleeding, perhaps debilitating in 1 out of 7 individuals,” Dr. Ruma Satwik, Senior Consultant at Sir Ganga Ram Hospital, New Delhi, told HealthandMe.

Dr. Sabine Kapasi, a public health expert and UN advisor, emphasized that menstrual health deserves significant policy attention.

“But a universal requirement for leave may not be sufficient and is not necessarily the best approach,” she added.

Women have long faced societal and workplace stereotypes, with gender bias evident in wages, hierarchies, and opportunities. A LinkedIn report shows that gender disparity is more pronounced in leadership roles: in 2025, women held only 18 percent of top positions in India, far lower than their overall workforce representation.

“A policy must avoid inadvertently perpetuating gender bias in employment or career advancement,” Kapasi told HealthandMe.

During the Supreme Court hearing, Chief Justice <span>Surya Kant</span> said that with the mandatory menstrual leave law, employers might hesitate to hire women.

“We are creating ‘All Women Teams’ and ‘All Women Service Centers.’ How will they function if such a leave policy is approved? Menstruation is not a disability. It is a biological fact that women have managed over generations,” Indira Murthy, Retired Joint Secretary, Government of India, Advocate, High Court and Supreme Court, and Arbitrator, told HealthandMe.

<h2>A Sustained and Flexible Approach</h2>

Experts acknowledged the genuine challenges women face during menstruation and suggested alternative measures, including work-from-home arrangements.

Murthy noted that the Supreme Court emphasized voluntary employer initiatives, while also stating that proper institutional arrangements should ensure hygiene and safety for women and children.

“For some women, periods are very uncomfortable. They may be unable to work during these days. Companies can provide flexibility and allow period leaves,” said Dr. Alpna Kansal, President of IMA Ghaziabad.

Kapasi recommended a more sustained approach in workplaces, urging employers to recognize that conditions like endometriosis or severe dysmenorrhea can significantly impact well-being and productivity.

Flexible, stigma-free policies can help women while maintaining workplace fairness.

“Menstrual health awareness, workplace flexibility, access to care, and supportive leave policies integrated into broader occupational health frameworks should be priorities. Women’s health can be safeguarded with a balanced strategy without causing structural disadvantages at work,” Kapasi added.

Dr. Satwik noted that most cases of pain or heavy bleeding can be managed with medication.

“Only in rare cases would symptoms be refractory to treatment, requiring injections or surgical intervention. Those experiencing debilitating symptoms should be granted leave as part of standard sick leave,” she said.

Murthy emphasized that the Supreme Court did not propose a blanket ban.

“No one-size-fits-all policy works. Policy-making should benefit even the last person in the queue. Work-from-home arrangements are a sustainable solution to this issue,” she said.

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Menstruation is not a disability, and therefore, there is no need for mandatory period leaves, said experts, a day after the Supreme Court of India quashed the petition seeking a menstrual leave policy.The top court expressed concerns that a law making paid leave during menstrual pain compulsory could harm the careers of young women and deprive them of equal opportunities.While such a policy may look appealing from a “rights perspective,” the court noted it could have “long-term impacts.”According to the 2025 Periodic Labor Force Survey (PLFS) data released by the Ministry of Statistics and Program Implementation (MoSPI), women’s labor force participation (LFPR) showed significant growth, reaching 35.3 percent in December 2025, driven largely by a consistent rise in rural areas, which peaked at 40.1 percent.The female worker population ratio (WPR) also increased, reaching a yearly high in December, highlighting greater engagement in the workforce.However, India’s female participation remains notably lower than the global average of nearly 49 percent and the OECD average of 67 percent, indicating a persistent, though shrinking, gender gap.In this context, the court observed that a mandatory period leave policy could create the impression that women “still have some natural issues” and “are not at par with male persons.”“Will an employer be happy if an employee takes leave every month? You risk creating a situation where employers may be reluctant to hire women,” the bench said.Period Pain is Real. Paid Leave UnnecessaryHealthandMe spoke to several experts who agreed with the Supreme Court’s view, noting that while period pain and related concerns are real, they do not warrant paid leave for all women employees.Periods affect women worldwide. For some, it comes with severe back pain, headaches, cramps, fatigue, and other symptoms. For others, the days pass with little discomfort.“I feel mandatory menstrual leave for all female employees is unnecessary. While menstrual issues are real, not everyone suffers from them. Young women experience debilitating pain in about 1 in 10 cases, while women in their 40s may experience heavier bleeding, perhaps debilitating in 1 out of 7 individuals,” Dr. Ruma Satwik, Senior Consultant at Sir Ganga Ram Hospital, New Delhi, told HealthandMe.Dr. Sabine Kapasi, a public health expert and UN advisor, emphasized that menstrual health deserves significant policy attention.“But a universal requirement for leave may not be sufficient and is not necessarily the best approach,” she added.Women have long faced societal and workplace stereotypes, with gender bias evident in wages, hierarchies, and opportunities. A LinkedIn report shows that gender disparity is more pronounced in leadership roles: in 2025, women held only 18 percent of top positions in India, far lower than their overall workforce representation.“A policy must avoid inadvertently perpetuating gender bias in employment or career advancement,” Kapasi told HealthandMe.During the Supreme Court hearing, Chief Justice Surya Kant said that with the mandatory menstrual leave law, employers might hesitate to hire women.“We are creating ‘All Women Teams’ and ‘All Women Service Centers.’ How will they function if such a leave policy is approved? Menstruation is not a disability. It is a biological fact that women have managed over generations,” Indira Murthy, Retired Joint Secretary, Government of India, Advocate, High Court and Supreme Court, and Arbitrator, told HealthandMe.A Sustained and Flexible ApproachExperts acknowledged the genuine challenges women face during menstruation and suggested alternative measures, including work-from-home arrangements.Murthy noted that the Supreme Court emphasized voluntary employer initiatives, while also stating that proper institutional arrangements should ensure hygiene and safety for women and children.“For some women, periods are very uncomfortable. They may be unable to work during these days. Companies can provide flexibility and allow period leaves,” said Dr. Alpna Kansal, President of IMA Ghaziabad.Kapasi recommended a more sustained approach in workplaces, urging employers to recognize that conditions like endometriosis or severe dysmenorrhea can significantly impact well-being and productivity.Flexible, stigma-free policies can help women while maintaining workplace fairness.“Menstrual health awareness, workplace flexibility, access to care, and supportive leave policies integrated into broader occupational health frameworks should be priorities. Women’s health can be safeguarded with a balanced strategy without causing structural disadvantages at work,” Kapasi added.Dr. Satwik noted that most cases of pain or heavy bleeding can be managed with medication.“Only in rare cases would symptoms be refractory to treatment, requiring injections or surgical intervention. Those experiencing debilitating symptoms should be granted leave as part of standard sick leave,” she said.Murthy emphasized that the Supreme Court did not propose a blanket ban.“No one-size-fits-all policy works. Policy-making should benefit even the last person in the queue. Work-from-home arrangements are a sustainable solution to this issue,” she said.