Stigma, Awareness, and the Role of Law in Menstrual Equity

Abstract

Menstrual health remains a critical yet under-addressed issue, deeply influenced by social stigma, lack of awareness, and insufficient legal protections. In India, millions of women and girls face discrimination, inadequate access to menstrual hygiene products, and limited education on menstruation, severely impacting their dignity and well-being. Despite constitutional guarantees under Articles 14, 15, 21, and 21-A, as well as the directive principles emphasising public health, menstrual inequity persists due to societal taboos and economic barriers.

This research explores the intersection of law, stigma, and awareness in achieving menstrual equity. It examines India's legal landscape, including landmark judicial pronouncements which have reinforced menstrual dignity and workplace protections. The study further evaluates government initiatives, such as the National Commission for Women’s recommendations, state-led menstrual leave policies, and legislative efforts like the Right to Menstrual Hygiene and Paid Leave Bill, 2019 and the Right of Women to Menstrual Leave and Free Access to Menstrual Health Bill, 2022.

By analysing these legal frameworks and policies, this study aims to highlight gaps in implementation and advocate for comprehensive legal reforms. It argues for the recognition of menstrual health as a fundamental human right, the removal of economic barriers to menstrual products, and the institutionalisation of workplace protections, including paid menstrual leave. Ultimately, this research contributes to the broader discourse on gender equality by emphasising the role of law in dismantling menstrual stigma and ensuring dignity, health, and education for all.