Supreme Court of India’s thoughts on menstrual leave for women

Source: The post Supreme Court of India’s thoughts on menstrual leave for women has been created, based on the article “For women-friendly workplaces, a larger conversation about menstrual leave is a good starting point” published in “Indian Express” on 13th July 2024

UPSC Syllabus Topic: GS Paper2 -Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources.

Context: The article discusses the Supreme Court of India’s thoughts on menstrual leave for women. The court worries this policy might be misused and harm women’s job chances. It suggests creating a careful policy with inputs from various groups to avoid discrimination and stigma.

For detailed information on the Issue of Menstrual Leaves read this article here

What Are the Existing Challenges for Working Women?

1. Working women face setbacks like the motherhood penalty, which includes career stalls due to pregnancy and child-rearing.
2. They are also often assigned less significant administrative tasks compared to their male counterparts.

What Are the Concerns About Menstrual Leave?

1. Potential for Misuse: There is concern that a mandatory menstrual leave policy could be misused, negatively impacting women’s employment opportunities.
2. Career Obstacles: Menstrual leave might become an additional hurdle for women in terms of employment and career advancement.
3. Discrimination Fears: Former Union Minister Smriti Irani opposed the policy, citing concerns that it could lead to discrimination against women for a natural biological process.
4. Stigmatization: The policy could unintentionally pathologize menstruation, reinforcing stigma rather than alleviating it, impacting women’s perception in the workplace.

How Is Menstrual Leave Handled in Other Countries?

1. Countries like Taiwan and Zambia have menstrual leave policies, but face challenges in implementation.
2. Spain: Introduced paid menstrual leave in 2023, becoming the first European country to do so. However, data indicates that few women have taken advantage of this policy, likely due to complicated processes and fears of discrimination.
3. Indonesia: Offers a two-day menstrual leave, but it is rarely used because women must undergo a medical examination to qualify, which discourages many from applying.

What Does the Draft Menstrual Hygiene Policy Suggest?

The government’s draft policy suggests flexible hours and support leaves to help all employees and prevent stigma or assumptions about productivity tied to menstrual cycles. This could be a starting point for more comprehensive policy discussions.

Question for practice:

Discuss the concerns and potential drawbacks of implementing a mandatory menstrual leave policy for women in the workplace.