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Authored by Nipra Gupta
“Then he started his period. One week in bed. Two doctors in. Three painkillers four times a day. And later a letter to the powers-that-be demanding full-paid menstrual leave twelve weeks per year.”
― Carol Ann Duffy, Selected Poems
Introduction
Menstruation is a natural and biological process experienced by half of the population yet it is still a taboo. It is looked down in society because of embarrassment, shame, poverty and illiteracy. Half of the world menstruate experience pain and discomfort on regular basis during this period. The first day is excruciating of the cycle, most female employees experience significantly more pain and agony.
Why do we need menstrual leave?
Menstrual cycle is a biological and natural process which every person who menstruates goes through accompanied with physical torment, anxiety and hormonal changes. The symptoms of menstruation are sluggishness, fever, lack of concentration, throbbing pain in lower back and legs; and sometimes stomach, it can also impact on appearance. Many women have conditions where they are on verge of fatigue. 1.8 billion People across the globe menstruate, millions of women, transgender men and non binary persons have to go through this working class, educated or uneducated. Numerous women face debilitating concerns like PCOS, PCOD and ovarian cysts to make the conditions worse. However, the is no legal infrastructure to address this need. Women are working among men in every sector and their performance is comparable of those males or even outperforms them in some areas. However, the difficulties they confront during their periods have a negative impact on their mental and physical wellbeing. The compromises women make with their bodies heavily impacts their mental health and can distress a person.
Other countries stand on menstrual leave?
These three Chinese provinces called Shanxi, Hubei and Ningxia - allow women to take leave for painful periods and employers can be punished if they do not abide the leave.
Indonesia gives menstruation leave for two days each month.
Zambian women are permitted one day off every month. Women in Zambia are provided one menstruation leave day each month. The event is referred to as a "Mother's Day," and it celebrates women's capacity to become mothers.
Italy in 2017 introduced a measure in parliament for a Menstruation Leave Strategy, which would require employers to provide three paid days per month to female employees who have painful periods, as long as they provide a clinical statement from doctors
In Taiwan, the Act of Gender Equality gives women three days of "menstrual leave" per year, which will not be calculated toward the 30 days of "common sick leave".
In South Korea, female employees are assured additional pay in their monthly wages if they refuse to take menstrual leave. However, there are few takers of the benefit, Studies have shown that only 0.97% of women claim the leave
Spain has put forward a new bill to allow women to take few days off each month “menstrual leave”. If the legalization is approved, Spain will be the first Western country to have such a legal measure for menstruating women.
Menstrual leave in India
The Menstrual Benefits Bill of 2017 was first introduced before the House of Representatives as a private membership law by Member of Parliament Shri Ninong Ering with the motive of supporting women to receive specific menstrual benefits in their workplaces and educational institutions. The same bill was put before the Arunachal Pradesh Legislature again on the first day of the 2022 budget session, but was rejected by the parliament, believing it to be a "filthy" issue.
Bihar is the only state in India providing two days of period leaves to its women employees since 1992. Many states were hush hush about it.
This bill proposed that women employed in both public and private institutions registered with the central and/or state governments is entitled by law to her two days of menstrual leave per month, totaling given 24 days leave per year
Article 39(e) directs State policy to secure “the health and strength of workers, men and women”, along with Article 47, which states that it is the “duty of the State to raise the level of nutrition and the standard of living and to improve public health.” Most importantly, the right to life under Article 21 has been given a wide interpretation by the Supreme Court over the years.
Menstrual leave as a medico-legal help is a strong and sedative concept. a forward thing and progressive step. Even the topic of menstruation is a taboo in our country, the matter of menstrual leave has adhered with women’s work efficiency and work place sexism disregarding heath issues and mental health. There are no laws in India which allows women to take menstrual leave, however many reputated private companies, iVIPANAN, Zomato, Swiggy, Magzter, Byju’s, Mathrubhumihas harmonized with the menstrual leave as a physical need.
Conclusion
The Supreme Court has held the right to health and medical health care as a fundamental right, and that it is essential to make working women live with dignity. In addition, it has noted that the term ‘life’ in Article 21 is not mere existence, but has a broader meaning which includes the right to in hygienic environment, have dignity in live hood, better standard of life, workplace and leisure. No one can make sanitation and menstrual health to fit inferior within their ambit.
Menstruation bill 2017, makes a significant effort to destigmatize taboo around menstruation. We need gender sensitization in this growing economy. And giving free pads are not the end of it.
References:
https://www.thebalancecareers.com/women-and-work-1919356