Menstrual leave

IN NEWS:

• The Supreme Court of India recently directed a petitioner to take up the issue of menstrual leave with the Ministry of Women and Child Development.
• In February 2023, Spain became the first European country to grant paid menstrual leave to workers.
• In January 2023, Kerala announced that the state government will grant menstrual leave for female students in all state universities under the Department of Higher Education.

MENSTRUAL LEAVE POLICIES:

• Menstrual leave or period leave refers to all policies that allow employees or students to take time off when they are experiencing menstrual pain or discomfort.
• Menstrual leave policies are designed with a view to allow women time off if they suffer from symptoms which may hamper their functioning and productivity.

At international level:

• In Asia, Japan introduced menstrual leave as part of labour law in 1947. Today, Indonesia, Philippines, China, Taiwan, Vietnam, South Korea, Zambia, United Kingdom and Spain have some form of menstrual leave provisions.
• Companies across nations, such as Nike and Coexist, have introduced menstrual leave as an internal policy.

At national level:

• Among State governments, Bihar and Kerala have introduced menstrual leave to women.
• Certain companies have brought in menstrual leave policies. For eg: Zomato in 2020 announced a 10-day paid period leave per year.

MERITS OF MENSTRUAL LEAVE:

• Better health outcomes:
  • For many menstruators, it is a biological process intertwined with medical symptoms such as polycystic ovarian disorder (PCOD), endometriosis, dysmenorrhea, and mood disorders. Menstrual leaves benefit individuals who experience such discomfort.
• Inclusive workplaces:
  • For some, the effects of menstruation are debilitating enough to hamper daily activities and productivity. Instituting period leave would help create workplaces that acknowledge this, thereby making it more inclusive.
  • A formal menstrual leave policy in the organised sector can also act as a catalyst in safeguarding menstruators in the unorganised sector.
• Reduce dropout rates:
  • According to research, approximately 40% of girls miss school during their periods. Nearly 65% said it had an impact on their daily activities at school and that they had to skip classes. Menstrual leaves can help alleviate this issue.  
• Promote more discussions:
  • Such a policy has the potential to encourage more open discussions about women’s health and menstruation and reduce stigma around these topics.

CHALLENGES:

• Disincentivize recruitment:
  • The perceived financial and productivity cost of mandatory period leaves could make employers even more reluctant to hire women.
• Regressive social attitude:
  • In India, where menstruation remains a taboo topic, the disclosure of menstrual status could make women more prone to discrimination.
  • The examples of similarly traditional societies like South Korea and Japan are not encouraging: Both countries have laws granting period leave, but recent surveys showed a decline in the number of women availing of it, citing the social stigma against menstruation.
• Legislative hurdle:
  • The stigma around menstruation remains a challenge in creating legislative measures to promote menstrual benefits.
  • For instance, the Menstruation Benefits Bill, first introduced in Parliament in 2017 and then in the Arunachal Pradesh Assembly in 2022, was withdrawn from the latter because the subject was deemed unsuitable for discussion in the “holy” institution.
• Medicalisation of menstruation:
  • The introduction of a separate category of leave for a regular biological process medicalises menstruation and treats it as a “disease” or an “illness”. This creates an idea of periods as a problem that requires management rather than being considered a natural bodily function.
  • Coupled with commercial elements, this medicalisation can also promote consumerism among women, for instance, by making them believe that they need to buy specific products or services to address menstruation.
• Ignores core issue:
  • In many Asian countries that have menstrual leave provisions, it was the lack of humane working conditions that made labour movements push for menstrual leaves. Similar conditions exist in India’s informal sector as well, but remains unaddressed.
  • Drop-out rates of female students in India is caused by the lack of clean toilets, running water, sanitary pads, etc. Providing menstrual leave without addressing these shortcomings will not reduce the drop out rates.  

WAY FORWARD:

• Support social progress:
  • The path to equality does not lie in inaction due to fear of cultural norms. Measures encouraging women’s health and wellbeing during menstruation needs to be promoted.
• Government support:
  • Some governments provide financial support to employers to help cover the costs of paying employees on maternity/parental leave.
  • There are also stringent penalties for discrimination in the hiring/promotion of pregnant persons as well as those on maternity/parental leave.
  • Similar equitable solutions can be considered in the implementation of the menstrual leave policy in India.
• More period care facilities:
  • In addition to leave, more facilities such as clean toilets, running water, sanitary pad machines etc. needs to be established in workplaces and schools in India.  
• Gender sensitisation:
  • There should also be a robust conversation about issues faced by women, including discrimination due to menstruation. For this, sensitisation should be made a part of the school curriculum from primary school onwards.

PRACTICE QUESTION:

Q. What are the continued challenges for women in India against time and space? (GS 1, CSM 2019)