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Despite the fact that menstruation is an essential part of a woman’s overall
health, we cannot ignore the emotional and physical challenges she faces during
this time. These challenges can range from discomfort to serious health issues.
Approximately 40% to 50% of women experience varying levels of physical,
mental, and emotional discomfort and pain during their menstrual cycle.
Hormonal changes during this period can lead to shifts in mood and emotions,
making it difficult for women to maintain consistent productivity in a
fast-paced work environment. According to a large-scale survey conducted in
2020, approximately 33% of women respondents aged 20 to 29 years reported
menstrual problems in urban Indian workplaces.
Disorders related to menstruation, such as ovarian cysts, endometriosis
(approximately 42 million women have endometriosis in India, a chronic
condition where period pain is so severe that women may struggle to function)
and dysmenorrhea, can significantly impact a woman’s work productivity, reducing
it by up to 40%. Consequently, some women advocate for paid menstrual leave to
ensure that a woman’s ability to work is not hindered by her period. However,
our Union Women and Child Development Minister, Smriti Irani, has spoken in
Parliament against paid menstrual leave. She believes that such policies could
lead to discrimination against women in the workforce. The menstrual cycle and
menstruation themselves are normal aspects of a woman’s life journey; they are
not a disability. Therefore, she opposes menstrual leave, considering
menstruation ‘not a handicap’.
In fact, even the Supreme Court of India did not deem it necessary and
dismissed a petition seeking nationwide menstrual leave, considering it a
policy issue. Organizations in India are free to decide whether to provide
menstrual leave or not. However, there is no legal requirement for employers to
offer menstrual leave to their employees. This ongoing debate raises the
question of whether to mandate menstrual pain leave.
Period leave exists worldwide: the Soviet Union introduced a public policy in
1922, Japan followed suit in 1947, and Indonesia in 1948. However, it remains
uncommon in global economies, including the US, which is considered one of the
most developed countries. On February 16, 2023, Spain became the first European
country to pass a paid menstrual leave law. This law grants working women
experiencing painful periods the right to three days of paid menstrual leave,
extendable up to five days. Japan, Taiwan, Indonesia, South Korea, and Zambia
have also introduced similar policies to address menstrual health concerns.
While in India, the Menstruation Benefits Bill, 2018, which was tabled in
Parliament, demands two days of menstrual leave and better rest facilities at
the workplace but is yet to receive consent. The country still does not have
any specific legal provision for paid menstrual leave at the national level.
The existing labor laws in India do not expressly envisage or provide for paid
or unpaid leave specifically due to menstruation. Therefore, there is no legal
requirement for Indian employers to provide menstrual leave to their employees
as of the current date. Yes, some companies such as Zomato, Byju’s, and Swiggy
allow it as a workplace policy. The need for such policies arises from the
physical and emotional challenges many women face during menstruation,
including pain, fatigue, and mood changes.
Is there any legal provision that support paid
menstruation leave in India?,
The stance on menstrual leave as a workplace
policy is nuanced in our country. As of December 2023, India does not have any
specific legislation addressing menstrual leave for female employees. However,
there are bills that have been proposed to address the issue, including: The
Right of Women to Menstrual Leave and Free Access to Menstrual Products Bill of
2022. This bill proposes up to three days of paid menstrual leave for
menstruating women, and notes that menstrual leave is an expansion of Article
21 of the Indian Constitution, which includes the right to life. Furthermore,
the Menstrual Hygiene and Right to Paid Leave Bill, 2019. This bill applies to
public sector undertakings, subsidiary companies, and other
establishments.
While Indian labour laws include provisions for
sick and casual leaves, there is no specific legislation addressing paid or
unpaid menstrual leave in the country. Yes, some companies in India have
voluntarily introduced menstrual leave policies, there is no nationwide legal
requirement for it yet.
On the other hand, our legal system holds that there is no legal requirement
for Indian employers to provide paid or unpaid leave specifically due to
menstruation. In March 2021, the Supreme Court of India dismissed a
nationwide petition seeking menstrual leave for employees and students, stating
that it is a policy issue. Whereas, the Ministry of Personnel considers it a
health issue that can affect productivity and performance at the workplace and
has suggested menstrual leave or sick leave without the need for a medical
certificate. Thus, it should be best investigated by the Health Ministry.
It is also true that our government acknowledges the unique challenges faced by
menstruating women. However, it also fears that formalizing menstrual leave
could exacerbate period shaming. In a country where many still consider
menstruation ‘impure,’ there are concerns that such policies might
inadvertently harm women’s career prospects.
Some Indian states have already implemented menstrual leave policies. For
instance: Bihar: As far back as 1992, the Bihar government offered two days of
menstrual leave per month to women in the workforce. Similarly, on January 19,
2023, Kerala issued an order granting menstrual leave for students in all
state-run higher education institutions.
Ninong Ering, Member of Parliament from Arunachal Pradesh, had introduced the
Menstrual Benefit Bill, 2017, proposing two days of menstrual leave per month
for both public and private employees. However, the Supreme Court rejected a
petition seeking nationwide menstrual leave, insisting it was a policy issue.
Organizations in India can decide whether or not to grant menstrual leave, but
there is no legal requirement at the national level.
This was not the first time the issue was raised before the courts. In 2020,
the Delhi High Court had similarly directed the Central and Delhi governments
to consider as a representation, a petition seeking paid menstrual leave for
women government employees - including daily wage and contractual workers.
Regardless of such directions, there seems to be little or no action taken at
the Central level to introduce a country-wide framework to facilitate paid
menstrual leave.
Despite these state-level initiatives, there remains a need for a comprehensive
national framework to facilitate paid menstrual leave in India. Advocates
continue to raise awareness and push for legal reforms to address this
important issue.
Already, India ranks among the 20 lowest countries globally for women’s
workforce participation. Additionally, 20% of Indian girls drop out of school
after puberty, which highlights the broader challenges related to menstruation.
Some surveys say that only about 10% of women are given menstrual leave and 50%
believe there is a lack of understanding of menstrual leave in offices.
Although women play a massive role in shaping the future of businesses across
industries through their unsolicited endeavours and incredible intelligence,
yet, we see such bizarre & shocking statistics that evidently point towards
ignorant attitudes.
It all leads an argument that menstruation leaves should be paid
or not?,
The subject of menstrual leave is a sensitive and lively one in India, leading
to a constant debate between those who support it and those who do not.
Supporters of menstrual leave believe that menstrual cramps and other symptoms
can significantly impact productivity and well-being. Paid leave allows
employees to manage their health without financial penalty. Openly discussing
menstruation can be challenging. However, paid leave normalizes periods and
reduces workplace stigma, fostering a more inclusive environment. Secondly,
paid leave demonstrates employer empathy and support, leading to higher
employee satisfaction and reduced turnover. By addressing a biological reality
specific to women, paid leave helps level the playing field and reduce
gender-based disadvantages in the workplace. It allows women to maintain their
earning potential and contribute more fully to the economy.
On the other hand, the argument against paid leave for menstruation is that
providing such leaves can increase awareness, but it can also exacerbate gender
inequalities. Unfortunately, due to the stigma associated with menstruation,
discussion on the topic has often been postponed. As a result, menstrual leave
policies remain a subject of debate in India, raising questions about gender
equality, women’s health, and workforce participation. Currently, in India,
there is no legal obligation for employers to provide menstrual leave to their
employees.
Critics argue that employees might misuse the leave for non-menstrual purposes,
creating administrative challenges and unfairness to others. Additionally,
implementing paid leave adds to payroll costs, potentially impacting small
businesses disproportionately. Furthermore, if someone chooses to take
menstrual leave, they must disclose this to their supervisor, which might make
them uncomfortable and could even result in implicit or explicit
discrimination.
Linking leave to menstruation might perpetuate the idea that women are
inherently less reliable or productive. Excluding men from similar leave
policies could be seen as discriminatory, leading to resentment and legal
challenges. Defining and verifying menstrual leave could be complex and
intrusive, raising privacy concerns.
Overall, India does not have any provision in law that caters to leave
entitlement or benefits specifically for women who are on their periods. In
fact, it still doesn’t consider a woman’s period to be a major issue.
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