Paid Menstrual Leave: A Step Towards Gender Equality
Abstract:
This article explores about the concept of paid menstrual leaves and its potential impact on women’s health and the workplace. This article also explores the laws and regulations related to menstrual leaves in India and other countries. This article concludes by suggesting some recommendations for the adoption of paid menstrual leaves as this is a very important measure for women’s health and promotes a more inclusive environment.
Introduction:
The concept of paid menstrual leaves is always in the news but this time it comes into the picture with a controversy. The debate sparked when Union Minister Ms. Smriti Irani strongly opposed the new legislation by stating that menstruation does not make women handicapped. Ms. Irani shunned the notion of granting menstrual leaves because it may lead to the denial of equal opportunity for women widening the gap of gender equality and slowing down the process of inclusivity of women in the workforce of our nation. The notion of paid menstrual leave is debatable; some say it is necessary while others say it is discriminatory. It has various social, economic, and political dimensions. So, this is a very vast concept and has various concerns but this article mainly focuses on laws and regulations that indirectly or directly represent the notion of leaves and also presents the global scenario on this and discusses the potential benefits and harms of menstrual leaves and presents recent bill on menstrual leave policy and lastly suggest some recommendations to ensure gender equality.
Background:
In India, women of menstruating age face so many difficulties from starting to till now. Firstly, the Sabarimala temple controversy highlights the debates on this topic. In this controversy, women of menstruating age (10 to 50) were not allowed to enter the temple. This notion sparked an intense debate. Then In 1992, the Supreme Court declared a judgment for granting menstrual leave but nobody followed that judgment. Only one state Bihar passed a resolution on granting two days of menstrual leave per month in 1992. Following the footsteps of Bihar, Kerala also passes a policy for granting one day of menstrual leave per month. Some industrial big Giants like Zomato introduced 10-day paid menstrual leave per year in 2020. Following the suits of Zomato, Swiggy, and Byju’s also introduced similar provisions. However, the rest of India still does not have any legal framework.
Current Legal framework:
At present, India does not have any specific framework but under the constitution and different laws, this issue can be indirectly addressed.
1. Constitutional Provisions:
Part Ⅳ of the Indian constitution talks about fundamental rights. The concept of paid menstrual leave finds its roots in Articles 14, 15, and 21. Article 14 encapsulates the notion of the right to equality before the law. In a landmark judgment of Ram Krishna Dalmia v. Justice Tendolkar, in which the jurisprudence of the right to equality before the law is explained. It states that states are allowed to make differential classifications based on rational nexus.
Under Article 15 the concept of ‘Protective Discrimination is stated. It is the policy in which special privileges are granted to the downtrodden and underprivileged sections of society. So, as menstruation is a painful phenomenon and beyond the control of women the notion of Article 15(3) of the Constitution which allows the state to make special provisions for women and children, comes into the picture.
The new bill “The Right of Women to Menstrual Leave and Free Access to Menstrual Products Bill of 2022”, notes that the menstrual leaves are the expansion of Article 21.
It proposes to allow three days of paid menstrual leave to women. Article 21 entails the meaningful existence of human life, which entails that life is not restricted to only breathing and exists. In Unni Krishnan vs. State of Andhra Pradesh, the court held that the Right to Health is also a part of Article 21. So by reading the bill, we can infer that the paid menstrual leaves find their ambit in the Right to Health under Article 21. So, the right to grant paid menstrual leave can be counted as a Fundamental Right given under the Indian Constitution.
2. The Equal Remuneration Act, 1976:
This act states that one should provide equal payment of work to men and women workers, working under similar work conditions, irrespective of discrimination on the grounds of sex, against women in matters of employment and for matters connected therewith. It means that employers must give equal pay for the same work to employees working under some conditions and problems without distinguishing between men and women. By stating this act, I wish to suggest that menstruating women are not working under similar working conditions. Their working capacity is hindered by natural bodily phenomena. The justice of this act can only be ensured when women are granted paid menstrual leave.
Menstrual Law in Other Countries:
Contrary to India, other countries have vivid legislation for menstrual paid leaves. India is one step behind in making regulations for menstrual leaves. Dating back to 1947, Japan became the first country to introduce menstrual leave on the wish of women or as long as necessary. But paid menstrual leave is still a big question in Japan. Moving to 2001, South Korea granted one day of unpaid leave per month to female employees. Then, in 2109, Philippines legislation introduced two days of paid leave per month shall be granted to every female worker. Indonesia, being another country provides two paid eaves per month to every female worker but in reality, this policy depends on discretion. Many other countries like Zambia, Taiwan, and Vietnam have policies for menstrual leaves. Recently, the first country in Europe, Spanish, introduced legislation for granting paid menstrual leaves but the period cap remains unclear.
As we see there are many countries in the world, that introduced different legislation for menstrual leaves but still, there are some pressing questions in terms of practice, paid leaves, and periods. Still, the world in this debate is in the natal stages, so this is an opportunity for India to become an example settler for others and move one step forward by implanting a menstrual paid leave policy.
Consequences of Menstrual Leaves:
Like the coin has two faces similarly the concept of granting menstrual leave also has some positive and negative effects.
Positive effects include:
• It may benefit the health of individuals who face this stigma and also for who are indirectly affected by the menstrual cycle.
• It provides workplace flexibility to women and promotes a healthier and more effective environment.
• It benefits women by reducing the stigma of the menstrual cycle and encourages more open talk on this topic.
Negative Effects include:
• It may produce several unintended negative implications for menstruators such as perpetuating sexist beliefs and attitudes.
• It may contribute to enhancing gender stereotypes and increase menstrual stigma.
• It may also enhance the gender wage gap and weaken the capacity of medicalization.
This is an indisputable fact that this has a very strong negative impact on society but this can be removed or decreased by stating its uses and changing the thinking of society, Educate the people about why this is necessary.
Way Forward:
Take today’s scenario. Central Government opposes the idea of menstrual leaves but this is not the end. Paid menstrual leaves are important for filling the gap in gender equality. Central government must table the issues in parliament and they should take into account that it finds its ambit in constitutional provisions and in various statutes and regulating acts… Since the menstrual cycle starts at the age of puberty and ends in the early 60’s, so government should make provisions for the easiness of school-going girls to the comfort of elderly women. For example, giving girls three-day leaves during their pain days and ensuring that there would be extra classes and extra study sessions on those concepts that they missed during menstrual leaves. The government also makes provisions for both organized and unorganized sectors, by giving female workers three days of paid menstrual leave. The government can also help women by organizing a workshop and seminars to raise awareness of menstrual leaves and educate women about their rights and the consequences of menstrual leaves. The government should implement these policies effectively as protecting the rights of women is a necessary obligation.
Conclusion:
In conclusion, the idea of menstrual leave has sparked important conversations around workplace equality and employees well being. The step toward implementing a paid menstrual leave policy is crucial to address this challenge. By providing a supportive framework with flexible work arrangements, open communication channels, and access to mental health resources, organizations can create a more inclusive and empathetic work environment. On a global scale, the stance on menstrual leaves varies but still, it is uncertain. Still, it needs due consideration.
However, the issue of menstrual health and the push for gender equality suggests an appositive trajectory towards the reorganization of menstrual leave as a progressive measure. The government must acknowledge and accommodate the challenges associated with menstruation and foster an equitable and more supportive environment.
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