The Supreme Court of India recently rejected a writ petition that sought directives for implementing policies for menstrual leave to women in India. The petitioner had sought provisions for menstrual leave to be included under the Maternity Benefits Act, 1961. The Court emphasized that the issue of menstrual leaves is the policy matter of the executive and not of the courts.
There has been a growing demand for menstrual leaves in India. However, there are several challenges in the implementation of the menstrual leaves scheme for women. In this article we will have a detailed look into the issue of menstrual leaves in India.
What is Menstrual leave Policy? What are the international case studies of their Implementation? What have been India’s efforts in this regard?
Menstural leave policy- It is a policy that allows female employees or students to take paid leaves when they are experiencing menstrual pain or discomfort. It also provides for other options like remote work, a more comfortable working space and longer breaks in the workday during menstruation period. This policy aims to increase women’s work performance after menstruation, and comfort their overall well-being.
International Cases of Menstrual Policy
a. Spain has become the first European country to pass a legislation granting paid menstrual leave to workers. Women have the right to three days of menstrual leave per month, which can be expanded to five days.
b. Japan, Indonesia, Philippines, Taiwan, South Korea, Zambia, South Korea and Vietnam also have menstrual policies in place.
Menstrual Policy Initiatives in India
| State Initiatives | a. The Bihar government introduced its menstrual leave policy in 1992, allowing employees two days of paid menstrual leave every month. b. In January 2023, the Kerala government issued an order granting menstrual leave for students in all State-run higher education institutions. |
| Corporate Initiatives | a. In 2017, two Mumbai-based companies – Gozoop and Culture Machine – became the first private companies to introduce period leave in India. b. In 2020, Zomato introduced menstrual leave for up to ten days a year for its women and transgender employees. Since then, other private companies like Swiggy and Byju’s have also introduced similar policies. |
Legislative attempts for providing for Menstrual Leaves
| Private Member Bill (PMB) | a. The Menstruation Benefits Bill, introduced in 2018 as a private member bill, provided for two days of paid menstrual leave, four days leave for students in Class VIII and rest period for women. The bill lapsed upon the dissolution of the Lok Sabha. b. Since 2018, there have been five PMBs on menstruation related issues, that have dealt with access to hygiene products and menstrual leaves. All of them have since lapsed, the latest being the Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022. |
What is the need for implementation of Menstrual Leave Policy in India?
1. Fulfillment of Constitutional Mandates- Various articles in the Indian Constitution such as Article 15(3), Article 46, provide for special provisions for ensuring equality and dignity of women. Menstrual policies help in fulfillment of these constitutional mandates.
2. Breaking Gender Stereotypes- Menstrual policy is a step towards shattering the taboos associated with menstruation such as being ‘dirty’ and ‘impure’. Historically, the discussion around menstruation has been stigmatised; which made it difficult for women to communicate about their experiences and needs.
3. Reducing female Drop-outs- Menstrual leaves will help in reducing the drop-out rates of female students from government schools in rural India caused by the lack of clean toilets, running water, sanitary pads.
4. Increase in productivity- Providing leaves to women during menstruation is likely to increase their productivity post-menstruation.
5. Promotes inclusion and equity- The menstrual leave is a relief measure that accommodates the needs of those who are menstruating. This policy promotes inclusion and equity at the workplace.
6. Mental and Physical Well being- Allowing menstrual leave can alleviate the mental stress associated with managing work responsibilities while dealing with painful physical symptoms. This can lead to improved overall well-being for women.
7. Fulfillment of the objectives of Draft National Menstrual Hygiene Policy, 2023- The leaves during menstruation will help fulfilling the objectives of the draft policy which includes addressing social taboos, breaking barriers, elimination of stigma and fostering an inclusive and supportive environment.
What are the concerns with the implementation of the Policy?
1. Non availment of leaves due shame and cultural taboos- Mere 0.9% of women in the workforce avail menstrual leave days in Japan, which introduced menstrual leave provision in their labour law in 1947. Women do not avail it because of cultural taboos.
2. Reinforcement of stereotypes- Many women rights activists are concerned that menstrual leaves would reinforce stereotypes of women as being weaker or needing special treatment. It will lead to a return to women being determined by their biology after struggling to be seen as humans beyond their reproductive organs.
3. Disincentivise women employment opportunities- The leaves during menstruation would further stigmatise menstruation and disincentivise employers to hire and/or promote women. . It will strengthen the glass ceiling around women’s promotion prospects, as they may end up becoming liabilities.
4. Health view- Many opponents of this leave policy hold the belief that menstruation is not a handicap that warrants special leave. This view posits that it should be managed like any regular health issue.
5. Stigma and Embarrassment- Special leave policies could reinforce the stigma around menstruation, making it a publicly known issue and potentially causing discomfort.
6. Further widen the gender gap- According to World Economic Forum’s Global Gender Gap Report 2021, the global gender gap has widened (instead of shrinking). The addition of mandatory paid leave for periods may further widen this gap.
What Should be the Way Forward?
1. Addressing the primary issues first- The primary issues such as the lack of proper sanitary facilities in schools and informal sector workplaces, must be addressed first.
2. Employer’s duties- The employers should allow women employees to work from home during menstruation. They must provide menstrual hygiene products in office spaces, and not treat the subject of menstruation as taboo.
3. Need for a ‘period education’- Period education classes must be conducted among the masses regarding the incidence and effects of menstruation. This must take place at the grassroots level of society, with men, children, and coworkers demonstrating a willingness to be engaged in the dialogue in a both personal and professional capacity.
4. Extensive consultations- The Supreme Court’s suggestion that the government undertake consultations to formulate a model menstrual leave policy, must be adhered to at the earliest. Menstrual leave should be placed alongside broader conversations on self-care and the workplace.
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