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SC Recognises Menstrual Health under Article 21; Only 5 States Have Leave Policies

Target:UPSCMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
30 Jul 2026
~2 min
Source: The Hindu
Key Data:5 statesBihar: 2 days/monthOdisha: 1 day/monthKarnataka: 1 day/month (2025)Kerala: 3 days/month for studentsSikkim: 2-3 days/month
Bodies:Supreme Court of IndiaKerala High CourtMadras High CourtMinistry of Women and Child Development
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What This Article Covers

1.Supreme Court in Dr. Jaya Thakur vs Union of India (2026) recognized menstrual health as an intrinsic part of the right to life and personal liberty under Article 21.

2.Only five states (Bihar, Odisha, Karnataka, Kerala, Sikkim) have menstrual leave policies, with varying leave days (1-3 days per month) and coverage (government employees, students, etc.).

3.No central law exists; several Private Members' Bills (e.g., by Ninong Ering, Shashi Tharoor, Hibi Eden) have been introduced but not enacted.

The Big Picture
Prelims · HighMains · High

The Supreme Court in Dr. Jaya Thakur vs Union of India (2026) recognized menstrual health as part of Article 21, while only five Indian states have enacted menstrual leave policies. Kerala and Madras High Courts are examining demands, highlighting the lack of a national law. This is crucial for understanding constitutional rights, gender justice, and federalism.

Exam Lens

Quick Exam Facts From News

States with menstrual leave policies5 (Bihar, Odisha, Karnataka, Kerala, Sikkim)
Bihar leave entitlement2 days/month (24 days/year) for women government employees
Odisha leave entitlement1 day/month (12 days/year) for women government employees up to age 55
Karnataka policy (2025)1 day/month paid leave for both government and private sector employees
Kerala policy3 days/month for higher education and university students (attendance reduced from 75% to 73%)
Sikkim policy2-3 days/month for employees of Sikkim High Court
Landmark Supreme Court caseDr. Jaya Thakur vs Union of India (2026) – Article 21 includes menstrual health
International: JapanSeiri Kyuka system since 1947
International: SpainFirst European country, paid menstrual leave (2023), 3 days (extendable to 5 with medical certificate)
Private Members' BillsMenstruation Benefits Bill 2017 (Ninong Ering), Women's Sexual, Reproductive and Menstrual Rights Bill 2018 (Shashi Tharoor), Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill 2022 (Hibi Eden)

1-Minute Revision

  • ›States with menstrual leave policies: 5 (Bihar, Odisha, Karnataka, Kerala, Sikkim)
  • ›Bihar leave entitlement: 2 days/month (24 days/year) for women government employees
  • ›Target this Data: 5 states with menstrual leave policies; Bihar 2 days; Odisha 1 day; Karnataka 2025; Supreme Court case Dr. Jaya Thakur vs Union of India (2026).
  • ›Target this Nodal Body: Ministry of Women and Child Development (to which the Supreme Court directed the petitioner in Shailendra Mani Tripathi).
  • ›Target this Legal Point: Article 21 of the Constitution – menstrual health is part of right to life.

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Q1Static LinkageEasy

Which Article of the Constitution of India did the Supreme Court in Dr. Jaya Thakur vs Union of India (2026) recognize as encompassing menstrual health?

Q2Statement-basedHard

Consider the following statements:

1. Bihar was the first state in India to introduce menstrual leave for women government employees.

2. Karnataka provides 2 days of paid menstrual leave per month to both government and private sector employees.

3. Kerala allows up to 3 days of menstrual leave per month for higher education students by reducing the mandatory attendance requirement.

Which of the statements given above is/are correct?

Q3Data-centricEasy

According to the article, how many Indian states have enacted menstrual leave policies as of July 2026?

Q4Application/ImpactMedium

What is the primary objective of a menstrual leave policy as highlighted in the Kerala High Court's observation?

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