The issue of menstrual leave for women has sparked much debate and discussion. Menstrual leave is the idea that women should be allowed to take time off work or school during their menstrual periods without any penalty. Supporters argue that menstruation can cause significant discomfort and pain, affecting women’s ability to perform their duties effectively. They believe that offering menstrual leave acknowledges these challenges and supports women’s health and well-being. On the other hand, critics worry that such policies might reinforce negative stereotypes about women’s capabilities and could lead to discrimination in the workplace. The conversation around menstrual leave continues as society seeks to balance health needs with equality in the workplace.
Tags: GS – 1, Social Empowerment, GS Paper – 2, Health- Issues Related to Women
Context:
- Recently, the Supreme Court has directed the Central Government to develop a model policy on menstrual leave for female employees.
- The court underscored that this issue pertains to policy-making and lies outside the court’s jurisdiction.
What is the State of Menstrual Leaves in India?
- Menstrual (Period) Leave: It refers to leave options for working women to take paid or unpaid leave during menstruation, which can impair their ability to work.
- Implemented Policies:
- Bihar introduced a menstrual leave policy in 1992, offering women employees two days of paid menstrual leave monthly.
- Kerala, as of 2023, grants menstrual leave to female students across universities and institutions and up to 60 days of maternity leave to female students over 18 years old.
- Corporate Initiatives: Some Indian companies have implemented menstrual leave policies, with Zomato introducing 10 days of paid period leave annually in 2020. Other companies like Swiggy and Byjus have followed suit.
Legislative Measures Taken:
- Currently, there is no legislation mandating menstrual leave in India, nor is there centralised guidance on paid menstrual leave.
- Past Legislative Attempts:
- Efforts in Parliament to introduce bills related to menstrual leave and menstrual health products, such as the Menstruation Benefits Bill, 2017.
- The Women’s Sexual, Reproductive and Menstrual Rights Bill in 2018, have not succeeded.
- Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022:
- This proposed bill advocates for three days of paid menstrual leave for women and transwomen.
- The bill cites research indicating that 40% of girls miss school during their periods, impacting their daily activities significantly
Countries Having Implemented Menstrual Leaves:
- Spain, Japan, Indonesia, Philippines, Taiwan, South Korea, Zambia and Vietnam.
- Spain is the first European country to grant paid menstrual leave to workers, with the right to three days of menstrual leave per month, which can be expanded to 5 days.
Why is there a Need for Paid Menstrual Leave for Women?
- Health and Well-being:
- Menstruation can cause physical discomfort (such as cramps and bloating) and emotional distress.
- Paid leave allows women to prioritise their health and manage these symptoms without financial penalty.
- Workplace Inclusivity and Gender Gap:
- Paid menstrual leave helps normalise menstruation, reducing stigma and fostering open discussions about menstrual health.
- By supporting women in managing their periods, it enables them to participate fully in the workforce, thereby addressing the gender pay gap and promoting workplace inclusivity.
- Productivity and Retention:
- Studies indicate that menstrual leave can enhance productivity by enabling women to effectively manage their periods and avoid working during discomfort.
- It also contributes to higher employee retention rates.
- Economic Growth and Gender Equality:
- According to the IMF, achieving equal participation of women in the workforce could increase India’s GDP by 27% and add USD 700 billion to its GDP by 2025.
- Thus, economic growth and gender equality are interconnected, highlighting the importance of policies that support women’s participation in the workforce.
- Legal Perspectives:
- Article 15(3): Allows for special provisions for women, countering arguments of discrimination against men who do not require menstrual leave.
- Article 42: Mandates the state to ensure “just and humane conditions of work” and “maternity relief.”
- Menstrual leave is viewed as an extension of this responsibility, promoting a compassionate work environment for women during menstruation.
Case Study on Maternal Healthcare Access for Tribal Population in Gujarat
About Study:
- The study focuses on the tribal population in Gujarat, comprising 14.8% of the state’s total population.
- It assesses the accessibility of healthcare facilities for maternal care across 14 districts with significant tribal populations.
Mapping Healthcare Disparities:
- Coverage of Pregnancy Care: On average, 88% of pregnancies in Gujarat’s tribal districts receive care, with 80% receiving antenatal care (ANC), 90% delivering at healthcare facilities, and 92% receiving postnatal care (PNC).
- Regional Disparities: ANC coverage is notably lower in districts like Banaskantha, Mahisagar, Sabarkantha, Dahod, and Bharuch, falling below WHO-prescribed thresholds.
Transportation Constraints:
- Distance to Healthcare Facilities: More than 50% of households reside over 25 km away from tertiary care facilities, and approximately 30% live beyond accessible distances from community healthcare and primary healthcare centres.
- Barriers to Access: Limited resources and social stigma deter women, particularly in rural areas, from utilising available public transportation options
Arguments Against Menstrual Leaves:
- Discouragement of Hiring Female Employees:
- Paid menstrual leave might disincentivize companies from hiring women due to concerns about increased absenteeism.
- Employers may perceive female employees as a liability due to the additional burden of paid leave every month.
- Discrimination at Workplace:
- Accommodating menstrual leaves may disrupt workflow, increase workload for other team members, or create resentment among employees who do not receive similar benefits.
- Enforcement Issues:
- Implementing paid leave for menstruation raises challenges such as determining legitimate use, preventing misuse, and defining acceptable enforcement methods for employers.
- Incidents like those in Bhuj 2020 and Muzaffarnagar highlight sensitivity issues where menstrual status verification has been controversial.
- Reinforcing Stigma:
- Special leave policies for menstruation could unintentionally reinforce stigma by highlighting menstruation as a negative or disruptive aspect.
- There is a risk of perpetuating period shaming and discrimination if policies are not developed and implemented with sensitivity and respect.
Govt Schemes to Promote Menstrual Hygiene:
- Menstrual Hygiene Scheme by the Ministry of Health and Family Welfare:
- This scheme focuses on raising awareness about menstrual hygiene, providing access to sanitary products, and promoting safe menstrual practices among women and girls.
- Rashtriya Kishore Swasthya Karyakram (RKSK):
- Launched by the Ministry of Health and Family Welfare, RKSK aims to address the health needs of adolescents, including menstrual hygiene education and access to menstrual products.
- SABLA Programme (Rajiv Gandhi Scheme for Empowerment of Adolescent Girls) by the Ministry of Women and Child Development:
- SABLA includes components for menstrual hygiene education, distribution of sanitary napkins, and promoting health and nutrition among adolescent girls.
- Swachh Bharat Mission (SBM) and Swachh Bharat:
- These initiatives under SBM aim to ensure access to clean and functional toilets in schools, promoting safe and hygienic menstrual practices among school-going girls.
- Guidelines for Gender Issues in Sanitation, 2017:
- Issued by the Ministry of Drinking Water and Sanitation, these guidelines emphasise integrating gender considerations into sanitation programs, including menstrual hygiene management.
- National Guidelines on Menstrual Hygiene Management:
- These guidelines provide a framework for implementing menstrual hygiene programs across different sectors, emphasising education, accessibility of sanitary products, and menstrual waste management.
- Scheme for Promotion of Menstrual Hygiene among Adolescent Girls (supported by the National Health Mission):
- This scheme targets adolescent girls aged 10-19 years, focusing on awareness creation, menstrual hygiene education, and distribution of sanitary products to improve menstrual health outcomes.
Way forward:
- Promoting Menstrual Health Literacy:
- Ensure access to accurate menstrual health information for employers, employees, and medical professionals to empower proactive management.
- Incorporating Adequate Rest Breaks:
- Provide clean toilet facilities and breaks for all workers, including those menstruating, to enhance workplace health and safety.
- Incentivizing Menstrual Leave Policies:
- Government could offer tax exemptions to companies providing menstrual leave and introduce gender-neutral leave policies. Consider DBT for covering leave costs.
- Access to Effective Treatment:
- Ensure workplaces offer free period products, pain relief, and support for accessing medical advice and treatment, promoting health equity.
- Flexible Working Conditions:
- Allow flexible work options like remote work or shorter breaks to accommodate employees managing menstrual health, boosting productivity and well-being.
- Adequate Standards for Working Conditions and Labour Rights:
- Improve global labour standards on work hours, wages, health, safety, and equal opportunities to create inclusive workplaces, potentially negating the need for separate menstrual leave policy.
UPSC Civil Services Examination, Previous Year Question (PYQ)
Mains
Q:1 What are the continued challenges for women in India against time and space? (2019)
Q:2 Male membership needs to be encouraged in order to make women’s organisations free from gender bias. Comment. (2013)
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