Menstruation: From Shame to Rights — The Changing Approach of the Courts

From Schools to Bus Depots: The Clear Stand of the Supreme Court and High Courts on Menstruation

Menstruation, though a natural and biological part of women’s lives, continues to be surrounded by shame, secrecy, and misconceptions in Indian society. Against this backdrop, two separate yet interconnected judicial developments in the Supreme Court and the Kerala High Court have highlighted the urgent need to transform social attitudes, the education system, and workplace practices related to menstruation.

In its recent observations, the Supreme Court clearly stated that menstruation is not a matter of shame and must be dealt with dignity. The Court emphasized that it is essential to educate not only girls but also boys in schools about menstruation with sensitivity and accurate information. If boys develop understanding and respect for the subject at an early age, instances of embarrassment, teasing, and mental harassment faced by girls in schools can be significantly reduced. The Court further observed that menstrual hygiene is an integral part of the right to life under Article 21 of the Constitution. Therefore, schools and colleges must ensure access to clean and safe toilets, provide free sanitary pads, and conduct proper training and awareness programs for teachers and staff.

On the other hand, a petition was filed before the Kerala High Court seeking two days of paid menstrual leave for women conductors working with the Kerala State Road Transport Corporation (KSRTC). In its affidavit, however, KSRTC argued that granting menstrual leave is a policy decision and cannot be enforced by judicial intervention. According to the corporation, such a decision must be taken at the level of the government or legislature. While the petitioners cited Karnataka’s menstrual leave policy as a precedent, KSRTC maintained that menstrual leave is not a legally enforceable right under existing law.

Together, these two cases underline an important reality — awareness and social sensitivity around menstruation in India are gradually increasing, but there is still a lack of clarity and a unified approach when it comes to rights and policies. While it is crucial to inculcate awareness, respect, and dignity in schools, the next significant step lies in providing legal and policy-based support for women’s health needs in the workplace. Only through such a comprehensive approach can menstruation truly move from stigma to recognition as a matter of rights and dignity.