News Highlights:
- Recently, the Supreme Court refused to entertain a PIL about menstrual leave for workers and students across the country and urged the petitioner to approach the Union Ministry of Women and Child Development Ministry to frame a policy.
- The SC emphasised that menstrual pain leave had various “dimensions” and that, despite the fact that menstruation was a biological event, such leave could discourage businesses from hiring female staff.
Menstrual leave:
- About
- Menstrual leave is a type of leave where a person may have the option to take paid or unpaid leave from their employment if they are menstruating and cannot go to work because of this.
- Throughout its history, menstrual leave has been associated with controversy and discrimination against women, with very few countries enacting policies; it is associated with low uptake in those countries that have enacted policies.
- It is seen by some as a criticism of women’s work efficiency or as sexism.
- Supporters of menstrual leave policies compare its function to that of maternity leave and view it as a promoter of gender equality.
- Experience of the menstrual cycle:
- Most women experience a menstrual cycle of 28 days a normal cycle may vary from 23 to 35 days.
- Some women experience a condition called dysmenorrhea that causes pain during menstruation.
- Up to 80% of women do not experience problems sufficient to disrupt daily functioning as a result of menstruation, although they may report having some issues prior to menstruation.
- Symptoms interfere with everyday life, qualifying as premenstrual syndrome, in 20 to 30% of women. In 3 to 8%, symptoms are severe.
- Premenstrual dysphoric disorder (PMDD) is a severe and disabling form of premenstrual syndrome affecting 1.8–5.8% of menstruating women.
- History
- A menstrual leave policy was first applied in some job sectors in post-Revolutionary Russia at the turn of the 20th century; resulting in discrimination against female workers, the policy was removed in 1927.
- historian even claims that a school in Kerala granted period leave as early as 1912.
What attempts are being made in India?
- Private firms:
- In India, certain companies have brought in menstrual leave policies, the most famous example being Zomato in 2020, which announced a 10-day paid period of leave per year. 621 employees took more than 2,000 days of leave after introducing the policy.
- Others, such as Swiggy and Byjus, have also followed suit.
- State governments:
- Among State governments, Bihar and Kerala are the only ones to introduce menstrual leave to women.
- The Bihar government introduced its menstrual leave policy in 1992, allowing employees two days of paid menstrual leave every month.
- Recently, Kerala Chief Minister announced that the State’s Higher Education department will now grant menstrual and maternity leave for students in universities that function under the department.
- Girl students will get the benefit of a lowering of the minimum attendance required to appear for examinations to 73% (from the existing 75%).
Concerns:
- Create further discrimination:
- In a traditional society like India, where menstruation remains taboo, it is possible that a special period leave could become another excuse for discrimination.
- Fear of bias in hiring:
- The major opposition to a menstrual leave policy is the fear of bias in hiring due to the financial costs to employers.
- Discriminatory hiring has been a cause of concern in many countries.
- Medicalising normal biological processes:Â
- Period leave is often seen as medicalising a normal biological process.
- The decline in women’s labour force:
- It is often equated to the decline in the labour force participation of women following the introduction of mandatory paid maternity leave.
Pic Courtesy: Freepik
Content Source: The Hindu