The Hindu Editorial Analysis: Menstrual Leave Policy In India

The Hindu Editorial Analysis: Menstrual Leave Policy In India

In Today’s The Hindu Editorial Analysis ”Menstrual Leave Policy In India”, We Will Discuss: What Is Menstrual Leave?, Existing Policy In India For Reproductive Health Of Women, Menstrual Leave Policies Around The World?, etc.

Context Of Today’s The Hindu Editorial Analysis

In News?

• On February 24, the Supreme Court refused to entertain a PIL about menstrual leave for workers and students across the country, calling it a policy matter.
• The Supreme Court of India direc­ted to a petitioner to approach the Union Minis­try of Women and Child Development to frame a policy on menstrual pain.

Background

• In India, Kerala and Bihar have the provision of menstrual pain leave; the food delivery app Zomato has also in­troduced it. Indonesia, Japan, South Korea, Spain and Zambia have this policy included in labour laws.

What Does Data Says?

• Between 2010 and 2020 the percentage of working women dropped from 26% to 19% in India, according to World Bank data.
• A 2017 survey of 32,748 women in the Netherlands published in the British Medical Journal found that 14% of them had taken time off from work or school during their periods. The researchers estimated that employees lost around 8.9 days’ worth of productivity every year due to menstrual ­cycle related issues.

What Is Menstrual Leave?

Menstrual leave refers to all policies that allow employees or students to take time off when they are experiencing menstrual pain or discomfort.

• For Workplace? In the context of the workplace, it refers to policies that allow for both paid or unpaid leave, or time for rest.
• Why Menstrual Leave Needed? More than half of those who menstruate experience pain for a couple of days a month; for some it is debilitating enough to hamper daily activities and productivity.

Existing Policy In India For Reproductive Health Of Women

Women have been success­ful at persuading governments to initiate policy changes to improve their health and well­being.

Maternity Benefit Act

• Enacted by the Parliament in 1961
• Amended from time to time to give women better benefits;
• The maternity leave policy in India was also strengthened in August 2016. Paid maternity leave has been extended from the earlier 12 weeks to 26 weeks.

Menstrual Leave

In India, Kerala and Bihar have menstrual pain leave; the food delivery app Zomato has also in­ troduced it. Indonesia, Japan, South Korea, Spain and Zambia have this policy included in labour laws.

Arguments Against Menstrual Leave

It Will Lead To Discrimination

• Not everyone is in favour of menstrual leave. Some believe that it is not required and that it will backfire and lead to employer discrimination against women.
• Recently, the three ­judge Bench led by Chief Jus­ tice of India D.Y. Chandrachud also indicated for the same that the biological process must not become a “disincentive” for employers offering jobs to women.

There Are Other Problems Which Need To Be Addressed First

• In India, there are other problems in need of addressing such as lack of sanitation fa­cilities in school and at the workplace, especially in the informal sector.

Menstrual Leave Policies Around The World?

• Spain: On February 16, 2023,  among a host of other sexual health rights, Spain became the first European country to grant paid menstrual leave to workers. Workers now have the right to three days of menstrual leave — expandable to five days — a month.
• Japan: In Asia, Japan introduced menstrual leave as part of its labour laws in 1947, after the idea became popular with labour unions in the 1920s. At present, under Article 68, employers cannot ask women who experience difficult periods to work during that time.
• Indonesia: Indonesia too introduced a policy in 1948, amended in 2003, which states that workers experiencing menstrual pain are not obliged to work on the first two days of their cycle.
• Philippines: In the Philippines, workers are permitted two days of menstrual leave a month.
• Zambia: Among African nations, Zambia introduced one day of leave a month without needing a reason or a medical certificate, calling it a Mother’s Day.

Attempts Being Made In India?

• Among State governments, Bihar and Kerala are the only ones to introduce menstrual leave to women.
• The Bihar government, then headed by Lalu Prasad Yadav, introduced its menstrual leave policy in 1992, allowing employees two days of paid menstrual leave every month.
• Recently, Kerala Chief Minister Pinarayi Vijayan had announced that the State’s Higher Education department will now grant menstrual and maternity leaves for students in universities that function under the department.
• Recently, Congress MP from Kerala, Hibi Eden announced that he will be moving a private member’s Bill seeking the right to paid leave during menstruation for working women, menstrual leave for female students, and free access to menstrual health products.

What Next?

• To en­courage more women to join the workforce, it is imperative they have access to higher education and more opportunities. So, they need proper sanitization facilities at all places.
• As sometimes, girls have to drop out from school simply because there are no toilets.
• In a world that should strive to become a better place for all, it is the responsibility of the wider society and governments to ensure that no section is left behind. So, our policies should be non discriminatory and gender neutral.
• Many countries are trying out four­ day work days for a quality life, while others are offering paternity leave so that parent­ing can be, rightly, equally shared, and also to en­sure employers do not see recruiting women as a disadvantage.

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