In recent development, the Supreme Court of India dismissed a Public Interest Litigation (PIL) advocating for menstrual leave for workers and students nationwide. The judicial body termed it as a policy matter that carries multiple dimensions and has potential implications on the employment of women. It was pointed out that such a provision could act as an impediment, discouraging employers from hiring female workforce.
Global Scenario: Policy Status on Menstrual Leaves
Menstrual leave, more commonly known as period leave, encapsulates the policies that permit employees or students to avail time off during their menstruation cycle in case they experience any discomfort or pain. The trend follows in several countries including Spain, Japan, Indonesia, Philippines, Taiwan, South Korea, Zambia, and Vietnam. Spain stands as the first European nation to introduce paid menstrual leave, granting the right to avail three menstrual leaves per month with provisions to extend it up to five days.
Indian Scenario: Steps Towards Menstrual Leave Policies
Though the concept of period leave is still in its nascent stages in India, a few companies have started implementing menstrual leave policies. Zomato in 2020 declared a 10-day paid period leave annually. Following the suit, other enterprises like Swiggy and Byjus also incorporated similar policies. Amongst the Indian states, Bihar introduced a policy in 1992 allowing female employees two days of paid menstrual leave monthly. Kerala joined the league recently by announcing menstrual and maternity leave provisions not just for employees but also for the students in universities under its higher education department. A Kerala-based school has also taken up a similar initiative.
Legislative Measures Regarding Menstrual Leaves in India
The Indian parliament has witnessed several attempts to pass bills related to menstrual leaves and menstrual health products, but none have been triumphant as yet. Prominent amongst them were The Menstruation Benefits Bill, 2017, and Women’s Sexual, Reproductive and Menstrual Rights Bill in 2018.
The Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022 is currently under review. This proposed bill suggests providing three days of paid leave for women and transwomen during their menstruation period and also aims to extend these benefits to students. It further cites research outcomes which disclose that around 40% of girls tend to miss school during their periods and nearly 65% stated that it adversely impacts their regular school activities.
In Conclusion
While the conversations and deliberations around menstrual leaves are underway in India, some developed and developing nations have already led the way. With an increasing number of companies and educational institutions in the country recognising and implementing the provision of menstrual leave, India is gradually stepping towards acknowledging and normalising menstruation, thereby paving the path for gender-neutral workplace policies. However, the journey remains far from over. The onus now lies on the lawmakers to draft comprehensive laws that not only safeguard a woman’s right to menstrual leave but also promotes equal opportunities for all genders in the professional sphere.
Last Modified: February 20, 2024