Menstrual leaves, choice of partner: 5 times courts upheld women’s rights, autonomy

From ordering paid menstrual leave to valuing homemakers’ labour, recent court rulings signal a progressive shift toward women’s bodily and financial autonomy. 

supreme court high court women’s rights autonomy menstrual leave home makerThe recent rulings of different courts reflect a judicial approach that increasingly places women’s dignity, autonomy and personal choice at the centre of legal decision-making. (AI-generated image)

The Delhi High Court said parents need to control the conduct of their sons rather than policing the clothes of girls and women. A closer look at recent rulings from the high courts and the Supreme Court reveals a progressive shift toward women’s bodily and financial autonomy.

Here are five recent rulings that underline different aspects of women’s rights and autonomy.

Chastity not about morals

In a significant observation, the Supreme Court held that chastity cannot be viewed purely through a “moral perspective” centred on virtue, but must also be understood through the lens of a woman’s dignity and autonomy.

The court said a woman has the right to decide her sexual preferences and habits, including the right to reject what is undesirable and accept what she finds acceptable.

The observation came while the court was hearing a matter on May 22 in which a man had allegedly threatened a woman with uploading a video of her bathing on social media. The court held that such conduct amounted to imputing “unchastity” to the woman and upheld his conviction for criminal intimidation.

Paid menstrual leave for KSRTC women conductors

The Kerala High Court recently asked the state government to consider paid menstrual leave for women conductors of the Kerala State Road Transport Corporation (KSRTC), after three conductors sought two days of paid leave every month. 

The court took into account the realities of their job, including long shifts of eight to 16 hours, prolonged standing, constant movement in crowded buses and inadequate access to hygienic toilets, rest areas and menstrual waste disposal facilities at many depots. 

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Supreme Court High Court judges women’s rights The judges of the Supreme Court and various high courts have emphasised that women’s choices cannot be overridden merely by social expectations or traditional notions of morality.

It said severe menstrual symptoms can substantially affect a woman’s health, dignity and ability to perform her duties. Calling menstrual leave a “progressive welfare measure”, the court, on July 23, said a limited provision could promote employee welfare, reduce presenteeism, enhance productivity and foster a more inclusive workplace. The court directed the government to consider the conductors’ pending representation within three months.

Can’t be forced to marry against choice

The Uttarakhand High Court highlighted the significance of the choices in the life of an adult woman recently in a case when a  23-year-old woman alleged that her uncle had confined her for two months and was forcing her to marry against her wishes. 

Directing the police to provide adequate security to the woman and the man she wished to marry, the court, on July 15, held that an adult woman cannot be detained by anyone “against her wishes” or “compelled to marry a person against her choice”. 

The court also questioned how an adult woman, who is free to move wherever she wishes, could be detained or prevented from marrying a person of her choice.

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Homemaker’s work invaluable

Saying that a homemaker’s contribution cannot be measured simply by assigning a notional salary to household work, the Calcutta High Court affirmed an award of more than Rs 2.10 crore in relation to the death of the family’s sole earning member and enhanced the compensation for his deceased homemaker wife from Rs 9.17 lakh to Rs 11 lakh. 

The court noted that the woman was in the “constant attendance” of her family throughout the day and night, caring for her husband and children, teaching her daughters and guiding them, besides looking after her parents-in-law. 

Calling her contribution “invaluable”, the court, on June 9, said the value of such services had to be understood broadly, including the personal care and attention provided to the family. The judgment recognised that the loss suffered by dependents is not limited to the household work that could theoretically be performed by someone else.

19-year-old’s right to choose where, with whom to live

The Madhya Pradesh High Court on April 2, 2026, allowed a 19-year-old woman to leave with the man of her choice after she clearly told the court that she did not want to return either to her husband or her parents. The court treated her decision as an exercise of personal liberty because she was an adult and had stated that she was not under illegal confinement. It also recognised that respecting her choice did not mean leaving her without support in a difficult situation. 

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The court appointed a government advocate and a woman constable as “Shourya Didis” for six months to remain in regular contact with her and monitor her wellbeing. The court balanced two concerns- protecting an adult woman’s right to decide her own life while ensuring that she had support in circumstances where she could potentially face pressure or vulnerability.

Taken together, these recent rulings reflect a judicial approach that increasingly places women’s dignity, autonomy and personal choice at the centre of legal decision-making. Whether it is the right to make decisions about one’s body, recognition of unpaid household work, access to workplace welfare measures or the freedom to choose where and with whom to live, the courts have emphasised that women’s choices cannot be overridden merely by social expectations or traditional notions of morality.

Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More

Vineet Upadhyay is an Assistant Editor with The Indian Express (Digital), where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More

 

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