Introduction
- Recently, the Supreme Court of India dismissed a writ petition requesting the implementation of policies for menstrual leave for women in India.
- The petitioner sought to have provisions for menstrual leave included under the Maternity Benefits Act, 1961.
- However, the Court highlighted that the issue of menstrual leave falls under the jurisdiction of the executive branch, not the judiciary.
Overview of Menstrual Leave Policy
- A menstrual leave policy allows female employees or students to take paid leave during menstruation. It also includes provisions for remote work, comfortable working spaces, and longer breaks during menstruation.
- This policy aims to enhance women’s work performance and overall well-being during their menstrual periods.
International Implementation
- Spain: The first European country to pass legislation granting paid menstrual leave, allowing women three days of menstrual leave per month, extendable to five days. This law is part of Spain’s broader efforts to ensure gender equality and support women’s health.
- Other Countries:
- Japan: Introduced menstrual leave in 1947, allowing women to take leave if they experience difficulties working during menstruation.
- Indonesia: Provides two days of menstrual leave per month as per the labor law.
- Philippines: Offers women two days of menstrual leave per month under the “Menstruation Act of 2004.”
- South Korea: Ensures that women can take one day off per month without risking their employment.
- Taiwan: Guarantees three days of menstrual leave per year, in addition to regular sick leave.
- Vietnam: Offers one day off per month and 30-minute breaks every day during menstruation.
- Zambia: Known as “Mother’s Day,” women can take a day off each month without needing to justify their absence.
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Menstrual Policy Initiatives in India
- State Initiatives:
- Bihar (1992): Introduced a policy allowing two days of paid menstrual leave per month for female employees. This long-standing policy has set a precedent for other regions to consider similar measures.
- Kerala (2023): Granted menstrual leave for students in all state-run higher education institutions. This move is aimed at reducing absenteeism and dropout rates among female students.
- Corporate Initiatives:
- Mumbai-based Companies (2017): Gozoop and Culture Machine became pioneers by introducing menstrual leave policies, highlighting the growing awareness of women’s health issues in the corporate sector.
- Zomato (2020): Introduced ten days of menstrual leave per year for its women and transgender employees, promoting gender inclusivity and supporting employees’ well-being. Other companies like Swiggy and Byju’s have since followed suit.
- Legislative Attempts:
- Private Member Bills: The Menstruation Benefits Bill (2018) proposed two days of paid menstrual leave and four days for students in Class VIII. Although the bill lapsed, it highlighted the need for legislative attention to menstrual health. Several other Private Member Bills since 2018 have also addressed menstrual leave and hygiene but have lapsed.
Need for Menstrual Leave Policy in India
- Constitutional Mandates: Articles 15(3) and 46 of the Indian Constitution support special provisions for women’s equality and dignity. Implementing menstrual leave policies aligns with these mandates, ensuring that women receive the necessary support during menstruation.
- Breaking Gender Stereotypes: Menstrual leave policies help dispel taboos and stigmas associated with menstruation, encouraging open dialogue and understanding about women’s health issues. For example, the Kerala government’s policy for students has helped normalize menstruation, making it easier for young women to discuss their needs without embarrassment.
- Reducing Female Drop-outs: Addressing menstrual hygiene management can significantly reduce the dropout rates among female students in rural areas. For instance, providing menstrual leave and sanitary facilities in schools can help girls manage their periods more comfortably, thereby reducing absenteeism.
- Increased Productivity: Women are likely to be more productive post-menstruation with adequate leave. Companies like Zomato have reported positive feedback from employees, who feel more valued and supported, leading to better overall performance.
- Promotes Inclusion and Equity: Menstrual leave policies accommodate the needs of menstruating individuals, promoting workplace inclusivity. For example, Culture Machine’s initiative has fostered a supportive work environment, encouraging other companies to adopt similar measures.
- Mental and Physical Well-being: Allowing menstrual leave can alleviate stress and discomfort, improving overall well-being. Employees who can take leave during menstruation are likely to experience less pain and stress, leading to better mental health.
- Fulfilling Policy Objectives: Supports the Draft National Menstrual Hygiene Policy, 2023, in addressing taboos and fostering an inclusive environment. Implementing menstrual leave aligns with the policy’s goals of breaking barriers and eliminating stigma.
Concerns with Implementation
- Non-availment due to Cultural Taboos: In Japan, only 0.9% of women avail menstrual leave due to cultural stigmas. This highlights the challenge of overcoming deep-seated societal norms that discourage women from taking leave.
- Reinforcement of Stereotypes: Critics argue that menstrual leave may reinforce stereotypes of women needing special treatment, potentially undermining gender equality efforts. For example, some activists fear that such policies might perpetuate the notion that women are weaker.
- Disincentivizing Employment: Employers might hesitate to hire or promote women, viewing them as liabilities due to additional leave entitlements. This could potentially exacerbate the existing gender gap in employment opportunities and career advancement.
- Health Perspective: Some argue menstruation should be managed like any regular health issue, without special leave. This perspective suggests that providing specific leave for menstruation might be seen as unnecessary.
- Stigma and Embarrassment: Special leave policies could increase public discomfort around menstruation. Women might feel embarrassed to request menstrual leave, fearing it might draw unwanted attention.
- Widening Gender Gap: Introducing mandatory paid leave for periods might inadvertently widen the gender gap, as employers could favor hiring men to avoid additional costs and disruptions.
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Way Forward
- Address Primary Issues: Improve sanitary facilities in schools and informal workplaces. Ensuring access to clean toilets and sanitary products can significantly reduce the discomfort associated with menstruation, thereby reducing the need for leave.
- Employer Duties: Employers should allow work-from-home options, provide menstrual hygiene products, and normalize menstruation in the workplace. For example, companies like Byju’s and Swiggy have set up initiatives to provide hygiene products and support female employees.
- Period Education: Conduct education classes on menstruation for all genders to foster understanding and support. Grassroots initiatives, such as those by NGOs like Menstrual Hygiene Day, work towards educating communities about menstruation and reducing stigma.
- Extensive Consultations: Follow the Supreme Court’s advice for government consultations to formulate a model menstrual leave policy. Integrate menstrual leave into broader self-care and workplace wellness discussions. For instance, involving stakeholders from various sectors can help create a balanced policy that addresses concerns and promotes well-being
