Explained: Indian Women's Fight for Menstrual Leave

A 22-year-old master¡¯s student at the University of Delhi, Adrita Buragohain, being a heavy bleeder, shares that she uses two pads at once. She shares that she cannot risk staining her clothes in the classroom. ¡°Menstrual leaves are also not covered under the medical leaves that grant attendance to a student in case of emergency. So, what option do I have? I cannot stain. I cannot miss [the classes]. So, now I wear two pads,¡± she continues. ¡°Sometimes it is very irritating,¡± Buragohain comments.

Statista

According to a 2020 study by Statista- a market and consumer data company, women who are teenagers (below the age of 19), young adults (between 20 to 29 years), and adults (between 30 to 44 years) undergo the most number the menstrual problems, including irregular bleeding to be on of them. These cases are reported highest with menstruators who are between the age of 20 to 29. The data was collected by Sanyukta Kanwal, who is a research expert in healthcare, pharma, and medical technology for India.

National Center For Biotechnology Information

Menstrual Leave Petition

The said age bracket mostly consists of menstruators who are either students or working professionals. A writ petition was also filed in the Supreme Court by Advocate Shailendra Mani Tripathi, seeking menstrual leave for female students and working women across India.

The petition argued based on fundamental rights in the light of Article 14, which read-

It is accordingly a violation of Article 14 in as much as this Act differentiates women in the name of federalism and state policies. Despite that women suffer from similar physiological and health issues during their menstrual cycles, they are being treated differently in different states of India. However, women, having one citizenship, i.e., of India, must be treated equally and shall be conferred with equal right.

The petition also highlighted the blatant ignorance and unawareness regarding menstruation as in 2022¡¯s first Budget Session, when the Menstruation Benefits Bill, 2017, was tabled, the Legislative Assembly ridiculed it. It was called an ¡°unclean topic,¡± and the bill was thus dismissed.

What do the Menstruators think?

¡°As someone who gets really bad cramps, it gets very difficult for me to navigate through work, so I take leaves. So, this provision [menstrual leave] would really help¡­in today¡¯s time, almost everyone has PCOS (Polycystic Ovary Syndrome) due to work stress, which makes it worse during periods. In such scenarios, menstrual leaves would really be helpful,¡± says Advocate Sanya Mehta, Law Researcher at Delhi High Court.

Oziva Nation Wide PCOS Survey, 2021

According to 2021 nationwide study by Oziva ¨C a nutrition brand, 1 out of every 5 women in India has PCOS. According to experts, PCOS (or Polycystic Ovary Disorder, PCOD) worsens period pain and bleeding. However, due to the shame associated with menstruation, the issues of PCOS and its impact on menstruators are also not discussed.

Jaishree Kumar, a freelance journalist with PCOD, shares that she deals with erratic periods, often leading to heavy bleeding. ¡°Most recent experience is from three weeks ago when the doctor suspected that one of the cysts I had in my ovaries had burst, and I was just bleeding and in much pain. No painkillers would come to my rescue,¡± she says. She shares that she had to push through college for a day, which made things worse for her. Kumar, from her experience, thus believes that it is important for educational institutions and workplaces to grant menstrual leaves. ¡°It shows that you care for your students and employees,¡± says Kumar.

Past, Present and Future of Menstrual Leave

Going back in history, Lalu Yadav, in his first tenure as Bihar¡¯s Chief Minister, had for the first time granted two days of menstrual leave per month to the female Bihar government employees in addition to the pre-existing leaves. Despite this step and many other companies like Zomato, Swiggy, Mathrubhumi, etc. granting menstrual leave, the allowance of menstrual leave, according to the intervenor in the petition, could be seen as a reason for discouraging employers from employing women. CJI DY Chandrachud also remarked, ¡°if employers were compelled to grant menstrual leave, it may disincentivize them from hiring women at all.¡±

¡°It is a possibility,¡± says Mehta. ¡°To implement this, people need to be sensitised first to make sure it is not used against menstruators or being a hurdle for them. But it would be great if menstrual leaves get the green flag.¡±

Supreme Court on 24 February heard the petition and dismissed it by asking the petitioner to submit a representation to the Union Ministry of Women and Child Development as the petition is a policy matter. Now it is to be seen whether the ministry will entertain or dismiss the submissions.