ManuScript Details
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Paper Id:
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IJARW3223
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Title:
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REDESIGNING WORKPLACE EQUALITY: MENSTRUAL LEAVE, EMPLOYER OBLIGATIONS, AND GENDER JUSTICE
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| Published in: |
International Journal Of All Research Writings |
| Publisher: |
IJARW |
| ISSN: |
2582-1008 |
| Volume / Issue: |
Volume 8 Issue 3 |
| Pages: |
5
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| Published On: |
10/16/2026 3:48:33 AM (MM/dd/yyyy) |
Main Author Details
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Name:
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Dr. Ashish Verma |
| Institute: |
Government Law College, Ajmer, Rajasthan. |
Co - Author Details
| Author Name |
Author Institute |
Abstract
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Research Area:
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Law and Legislature |
| KeyWord: |
Gender Justice, Menstural Leave, Right to Work |
| Abstract: |
Reproductive health rights and job equity provide a constitutional challenge in India. Despite the Ministry of Women and Child Development's refusal to approve paid menstrual leave programs and the Supreme Court's denial of related separation of powers petitions, this study addresses a crucial question: Menstrual leave: constitutional entitlement or discretionary policy? This thesis argues that India's constitution enables menstruation leave using doctrine. Based on systematic analysis of Articles 14, 15, and 21, this paper argues that these policies are consistent with reasonable classification, constitutional provisions allowing legislation aimed at women, and the liberal understanding of the right to life with dignity, including health rights. Under investigation are the non-justiciable Directive Principles—Articles 39(e), 42, and 47—which define the state's constitutional obligation to protect worker health and humane working conditions. Comparative constitutional study shows productive menstrual leave systems in Japan (founded in 1947), South Korea, Taiwan, and Spain, confirming its applicability. The pioneering implementations of Bihar (1992), Kerala, Swiggy, Zomato, and legal schools like NLIU Bhopal and HNLU Raipur assist all-India implementation. The government believes menstruation leave allows unfair job decisions, promoting gender inequity. This question contradicts it. It claims that well-designed menstrual leave policies improve constitutional equality by recognising that discrimination for similarly unequal situations is discriminatory. The report contends that menstrual leave meets constitutional equality principles by fitting biological reality and ensuring true, not just formal, equality. The research says current legal interpretations prove menstruation leave's legitimacy. Effective implementation involves rigorous gender-based employment discrimination penalties, mandatory destigmatization campaigns, and affirmative action processes to assure fair labour participation. The paper advises legislative persistence in enforcing these legislation and enhancing anti-discrimination frameworks to balance constitutional rights and physiological realities for gender equity. |
Citations
Copy and paste a formatted citation or use one of the links to import into a bibliography manager and reference.
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IEEE
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Dr. Ashish Verma, "REDESIGNING WORKPLACE EQUALITY: MENSTRUAL LEAVE, EMPLOYER OBLIGATIONS, AND GENDER JUSTICE", International Journal Of All Research Writings,
vol. 8, no. 3, pp. 133-137, 2026.
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MLA
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Dr. Ashish Verma "REDESIGNING WORKPLACE EQUALITY: MENSTRUAL LEAVE, EMPLOYER OBLIGATIONS, AND GENDER JUSTICE." International Journal Of All Research Writings,
vol 8, no. 3, 2026, pp. 133-137.
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APA
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Dr. Ashish Verma (2026). REDESIGNING WORKPLACE EQUALITY: MENSTRUAL LEAVE, EMPLOYER OBLIGATIONS, AND GENDER JUSTICE. International Journal Of All Research Writings,
8(3), 133-137.
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REDESIGNING WORKPLACE EQUALITY: MENSTRUAL LEAVE, EMPLOYER OBLIGATIONS, AND GENDER JUSTICE
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