GS1/GS2 Paper
Syllabus: Indian Society/ Health
Source: TH
Context: The demand for paid menstrual leave, while aiming to address period-related challenges, could inadvertently hinder gender equality efforts.
What is Menstrual Leave?
Menstrual leave is a workplace policy that allows employees to take paid time off during their menstrual cycle to manage period-related symptoms or discomfort.
Arguments Supporting Paid Menstrual Leave
| Argument | Description |
| Will raise awareness against Period Poverty | A survey conducted by the NGO Child Rights and You (CRY) revealed that access to sanitary pads was limited to many girls, with 44% of girls admitting to using homemade absorbents or cloth |
| Will act against Stigma and Shame | The social stigma surrounding menstruation, results in discrimination, embarrassment, and limited access to resources and information. |
| The CRY report has suggested that over 61% of girls have accepted that a sense of embarrassment existed in society with regard to periods | |
| Improves Workplace Productivity: | By allowing individuals to take time off to manage menstrual symptoms, paid leave can contribute to improved workplace productivity and overall job satisfaction. |
| Reduces Absenteeism | Providing paid leave for menstruation can help reduce absenteeism by allowing individuals to take time off when necessary without fear of losing income or facing disciplinary action. |
| Fosters Inclusivity and Diversity | It creates a more inclusive and diverse workplace culture by accommodating the needs of menstruating individuals, regardless of gender identity. |
| Promotes Gender Equality | Paid menstrual leave helps to address gender disparities by recognizing and accommodating the unique needs of menstruating individuals in the workforce. |
| Will support ‘Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill 2022’ | The bill specified three days of paid leave for women and transwomen during their periods and additional benefits for students. However, only two states, Kerala and Bihar, currently have menstrual leave policies for women
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Examples from India:
- Zomato in 2020, announced a 10-day paid period of leave per year, and Swiggy and Byjus have also followed suit.
Global Examples:
- Spain became the first European countryto grant paid menstrual leave to workers, among a host of other sexual health rights.
- Indonesia introduced a policy in 1948, amended in 2003, saying that workers experiencing menstrual pain are not obliged to work on the first two days of their cycle.
- In the Philippines, workers are permitted two days of menstrual leave a month.
- Taiwan has an Act of Gender Equality in Employment in place. Under Article 14 of the Act, employees have the right to request a day off as period leave every month, at half their regular wage.
- South Korea takes a slightly different route, allowing for monthly physiologic leave under Article 73 of their labour law, allowing all female workers to get a day off every month.
- Among the African nations, Zambia introduced one day of leave a month without needing a reason or a medical certificate, calling it Mother’s Day.
- Companies across nations, such as Nike and Coexist, have introduced menstrual leave as an internal policy.
Concerns regarding Paid Menustrul leave:
| Concerns | Description |
| Dissuades Companies From Hiring Women | The gender wage gap and low female participation rates in the labour force are already significant issues, and mandatory paid menstrual leave could further discourage companies from hiring women. |
| Validates Social Stigma Around Menstruation | Ratifying special status for menstruating women could perpetuate the social stigma surrounding menstruation, reinforcing period shaming and the belief that menstruation is impure, hindering efforts towards gender equality. |
| Concerns Surrounding Implementation | Implementing paid menstrual leave poses challenges such as determining legitimate use, preventing misuse, and defining acceptable enforcement methods. |
| Normal Physiological Phenomenon | Menstruation is a natural process, and while some individuals may experience severe symptoms, most cases are manageable. |
Case Study of Japan:
In Japan, despite the provision of unpaid menstrual leave for painful menstruation, only about 1% of women in the workforce avail of this benefit. Many women are reluctant to use it due to fear of sexual harassment when disclosing their period status. This situation persists despite the policy being in place for over seven decades. Japan’s gender equality ranking has declined, with women less likely to be employed and often paid less than men, reflecting ongoing disparities in workforce participation and gender pay equity.
Effective Menstrual Leave Policies should include:
- Promote menstrual health literacy
- Provide adequate rest breaks and facilities
- Ensure access to effective treatment
- Offer flexible working conditions
- Avoid gender-specific policies
- Address gender wage gaps and job opportunities
- Improve overall labour standards and working conditions, especially for women
Other Measures needed to improve menstrual health:
- Hygienic and accessible toilets:
- Providing accessible, safe, and hygienic toilets to all including residents of low-income slums, pavement dwellers, and in educational institutions and workplaces.
- ‘She Toilets’ in Telangana and Tamil Nadu and ‘Pink Toilets’ in Delhi provide safe, private, clean facilities with essential amenities to manage periods.
- Providing dustbins and incinerators in female toilets, which promote waste segregation at source through initiatives like the ‘Red Dot Campaign’ and innovations like ‘PadCare Labs.’
- Providing accessible, safe, and hygienic toilets to all including residents of low-income slums, pavement dwellers, and in educational institutions and workplaces.
- Attention to urban areas:
- The focus of menstrual hygiene campaigns has often been on India’s rural population, and for good reasons.
- However, India’s large, rapidly growing urban population also calls for attention as certain groups of urban dwellers face a whole range of limitations that affect their menstrual health.
- Other measures:
- Awareness about periods must be continued, along with efforts to address harmful social and gender norms and eradicate the social stigma.
- Menstrual products, both reusable and disposable, must be more available through various access channels (retail outlets, social enterprises, government schemes and NGOs) without any stigma attached.
Government Schemes:
- Menstrual hygiene scheme launched by the Ministry of Health and Family Welfare
- Rashtriya Kishore Swasthya Karyakram
- SABLA programme of the Ministry of Women and Child Development
- National Rural Livelihood Mission of the Ministry of Rural Development
- Swachh Bharat Mission and Swachh Bharat: Swachh Vidyalaya (SB:SV)
- Guidelines for Gender Issues in Sanitation, 2017
- The National Guidelines on Menstrual Hygiene Management
- Scheme for Promotion of Menstrual Hygiene among adolescent girls in the age group of 10-19 years (supported by the National Health Mission)
Conclusion
In all, menstrual health is integral to improving global population health, achieving the Sustainable Development Goals, and realising gender equality and human rights. Implementation of menstrual leave policies should guard against misuse, ensuring privacy and dignity. Persistent disparities underscore the need for nuanced, inclusive approaches to address menstrual challenges and promote gender equality.
Mains Links:
What are the continued challenges for women in India against time and space? (UPSC 2019)
Male membership needs to be encouraged in order to make women’s organisations free from gender bias. Comment. (UPSC 2013)
