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MENSTRUAL LEAVE – IS IT THE HIGH TIME TO GRANT THEM?
CONTEXT:
In the backdrop of 2024 general elections, the Dravida Munnetra Kazhagam (DMK) in its manifesto has provided that DMK will insist the Central Government to enact a law providing menstrual leave for women to attain gender equality.
Menstrual /Period leave refers to affirmative policies that allow two to three days of leave to female students and employees experiencing menstrual pain and discomfort during their menstrual cycle.
WHY MENSTRUAL LEAVE?
- Menstrual cramps and other issues associated with it like nausea, migraines etc hinders studies and work of women, reducing their capacity to work efficiently.
- Stress and distraction associated with menstruation in the form of lack of sanitation facilities at schools, colleges and workplaces; discomfort and embarrassment in case of “staining”, “leakages”, and naming and shaming related to it.
- Undergoing Hysterectomies: Agricultural labourers in Maharashtra and Telangana undergo hysterectomies to deter any threat on their livelihood.
- Reducing Dropouts: Granting menstrual leave would reduce the number of girl students dropouts especially in rural India.
- Empowerment & Upliftment: Such leaves align with the welfare policies enshrined by the Constitution.
- Article 15 provides for the positive discrimination principle. Article 15(3) provides that nothing in Article 15 shall prevent the state from making any special provision for women and children.
History to Present:
- Kerala was the first state to recognise the need for menstrual leave for students and even allowed it during examinations in 1912.
- The Bihar government has allowed two days paid menstrual leave to women employees each month since 1992.
- A private member bill titled ‘The Menstruation Benefit Bill, 2017’ was introduced in the parliament in 2017.
- In 2018, MP Shashi Tharoor introduced ‘The Women’s Sexual, Reproductive and Menstrual Rights Bill, 2018’.
- Right to Menstrual Hygiene and Paid Leave Bill, 2019, proposed by S.Jothimani sought to bring menstrual leave under the ambit of women’s rights.
- The Supreme Court in Shailendra Mani Tripathi vs Union of India case (2023)refused to consider a public interest litigation on the subject.
- The court cited it is in the policy domain of the government.
- The Kerala government also allows menstrual leave for girl students in all state run educational institutes.
- Private entities like Zomato, Swiggy, Byju’s have also formed menstrual leave related policies.
WHAT IS REST OF THE WORLD DOING ABOUT IT?
- Japan, Indonesia, South Korea, Taiwan, Vietnam have made provisions for Menstrual leave.
- Zambia, allows for one day leave to women a month, called ‘Mother’s Day’, without needing a reason or a medical condition.
- Spain became the first European country in 2023 to grant paid menstrual leave to women up to 3-5 days.
Are there any issues related to menstrual leave?
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IS IT ENOUGH?
- Gender Education: Spreading awareness and educating both the genders about Menarche, Menstruation and Menopause.
- Engaging boys and men in this conversation is an inseparable part of the whole idea raising the “gender sensitivity quotient”.
- Eliminating Social Taboos: Busting myths and taboos around menstruation to end the prejudices and stereotypes.
- Consolidating Social Infrastructure: Building Infrastructure to ease women’s access to menstrual products, like separate washrooms , sanitary pads vending machines, medicines to relieve cramps etc.