While crafting any policy on Menstrual Leave it has to be dealt with precision considering all factors and having a wide consultation with the key stakeholders. The outcome should also incorporate protective measures to prevent misuse from any angle
Bhaskar Parichha
The debate surrounding the implementation of menstrual leave for women in the workforce has been ongoing in India. While some states and institutions have taken steps to introduce such policies, there is a lack of consistency nationwide.
On July 8, the Supreme Court, led by Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, instructed the Union government to develop a standardized policy on menstrual leave for female employees in collaboration with relevant stakeholders. The three-judge bench, hearing a plea to implement menstrual leave for women under the Maternity Benefit Act, 1961, also asked the Centre to ensure that fear of its misuse as a basis for discrimination does not deter the entry of women into the workforce.
What’s Mensuration Leave?
Leave for menstruation is a policy or practice that allows individuals who are menstruating to take time off from work, school, or other responsibilities to manage their menstrual symptoms and take care of their health. This can include taking sick days, working from home, or having flexible hours to accommodate the physical and emotional challenges that come with menstruation.
This practice is important for promoting gender equality and supporting the well-being of individuals who experience menstruation. It recognizes that menstruation, though a normal part of life of every woman, can have a significant impact on a person’s ability to function and perform at their best, and provides them with the necessary support and flexibility to manage their menstrual health.
Menstrual leave has been considered as a progressive policy that is being implemented in various nations around the world allowing women to take time off work during their menstrual cycle. This policy recognizes that menstruation can cause physical and emotional discomfort for many women, and aims to provide them with the necessary support and flexibility to manage their symptoms effectively.
Pros and Cons
The concept of menstrual leave has been gaining traction in recent years as more attention is being paid to women’s health and well-being in the workplace. Some countries, such as Japan, South Korea, Taiwan, and Indonesia, have already implemented menstrual leave policies, while others are considering similar measures.
Advocates of menstrual leave argue that it can help reduce absenteeism and improve productivity by allowing women to rest and recover during their period. They also believe that it can help break the stigma surrounding menstruation and promote gender equality in the workplace.
Argues Sneha Mishra, Founder of Aaina which leads the ‘Odisha Menstrual Health and Hygiene Alliance’ (OMHH Alliance) and who works extensively on the subject: “The decision to frame a model policy on menstrual leave is essential for promoting gender equality and recognizing menstrual health as a legitimate concern in the workplace. Menstruation affects a significant portion of the workforce and providing leave can contribute to better health outcomes and work-life balance for women.”
Similarly, Ashwini Rath, a leading software entrepreneur from Odisha and the Director Batoi Systems has similar views but with an apprehension. While talking to OdishaPlus he highlights, “The Supreme Court’s decision to propose a model policy on menstrual leave is a progressive step. But its success will depend on thoughtful, inclusive, and balanced policy formulation. Such a policy can transform the workplace dynamics in India, promoting health, productivity, and gender equality.”
While promoting the idea of menstrual leave, Sneha Mishra also adds that, “The government should consult extensively with women’s health experts, businesses, labor unions, and other stakeholders to understand diverse perspectives and craft a comprehensive policy addressing the health needs which has to be stigma free. The policy must ensure that women are not penalized or stigmatized for taking menstrual leave and that it does not impact their career progression or work opportunities.”
Potential for Abuse
Critics of menstrual leave raise concerns about potential discrimination against women and the impact it may have on their career advancement. They also question the feasibility of implementing such a policy in all workplaces and the potential for abuse.
In December last year, the former Union Women and Child Development Minister, Smriti Irani, had told the Rajya Sabha that she was opposed to the idea of a paid menstrual leave personally because she did not want women to face discrimination over ‘a natural part of a woman’s life journey’.
Her words contain a kernel of truth. The medicalization of a natural process can exacerbate societal judgment rather than reducing it. However, individuals with conditions like endometriosis and dysmenorrhea experience tangible effects on their work performance due to the pain during their menstrual cycles. These factors underscore the importance of crafting policies with precision, incorporating protective measures to prevent misuse from any angle.
The Supreme Court said exactly this. A mandatory menstrual-leave policy might be counter-productive for women in the workforce are an intervention in what has proved to be a contentious issue not just in India but across the world.
Women in the workforce already face challenges such as the motherhood penalty and workplace housekeeping, which include pregnancy, child rearing, and being assigned menial administrative tasks that their male counterparts at the same professional level would not take on. The introduction of menstrual leave could potentially add another hurdle for women to overcome in terms of employment and career growth.
While countries such as Taiwan and Zambia have instituted menstrual-leave policy, implementation has remained a hurdle. In June 2023, when Spain became the first European nation to introduce paid menstrual leave, it was seen as a move towards greater gender parity. In the year since, data has shown that very few women have availed of it, either because the process is onerous or due to a fear of discrimination. In Indonesia, the two-day menstrual leave has few takers as policy mandates a medical examination to avail it.
Concurs Prachitara Mishra, former journalist and now a Storyteller: “Mandatory menstrual leave at workplace will have an adverse effect on women’s professional growth. Supreme Court has rightly warned any such kind of mandate. Menstruation is a monthly cycle for near about 40 years for all the women irrespective of class, country or religion. I would more emphasize on the immediate colleagues and bosses to empathize when required without affecting the work. Not to forget that, those women in the field of sports, dance, mountaineering, defense and daily laborers also go through the same monthly cycle. It’s the family who should provide more rest time at home during the cycle.”
Maintain Equilibrium
The apex court’s comment comes as a welcome opportunity for greater deliberation on a policy that can strike equilibrium between an acknowledgement of women’s biological needs and an accommodation of workplace demands.
The union government’s menstrual hygiene policy, which was introduced last year and on the public domain, highlighted the importance of offering flexible hours and support leaves to all individuals. This initiative aims to avoid reinforcing stereotypes or making assumptions about productivity linked to menstrual cycles. This policy could serve as a foundation for further progress in this area.
So, the debate around menstrual leave continues, with proponents and opponents both making valid points. As more research is conducted and experiences are shared, it is likely that the conversation around menstrual leave will continue to evolve.
(The writer is a senior journalist and columnist. Views expressed are personal.)
