Explained: What Is India's Stand On Menstrual Leave Policy

The Supreme Court of India dismissed a petition seeking menstrual leave for employees and students nationwide, stating that it is a policy issue.

The court also noted that menstrual pain leave could have various implications and could discourage employers from hiring female workers.

Unsplash

What are menstrual leave policies?

Menstrual leave policies refer to regulations that permit workers or students to take time off during menstruation, usually due to pain or discomfort.

Menstrual leave policies refer to the policies that allow women to take time off from work or school during their menstrual cycle. These policies aim to recognize the challenges that menstruation can pose for women and allow them to take the necessary time off to manage their health and well-being.

Under menstrual leave policies, women can take paid or unpaid time off from work or school during their menstrual cycle. The duration of menstrual leave can vary depending on the policy, ranging from one to several days per month.

BCCL

Menstrual leave policies are intended to help women manage menstrual symptoms such as pain, cramps, and fatigue, and to promote menstrual health and well-being. These policies also recognize the social and cultural stigma surrounding menstruation and aim to reduce the stigma associated with it.

Where does India stand?

In recent years, there has been a growing conversation around menstrual leave policies in India. Some companies have taken the initiative to introduce such policies, acknowledging the challenges that menstruation can pose for women in the workplace.

In 2020, Zomato announced a 10-day paid period leave per year, and other companies such as Swiggy and Byjus followed suit.

File Photo

However, menstrual leave policies have not been widely adopted in India, and only two states, Bihar and Kerala, have introduced menstrual leave policies for women.

Bihar's policy was introduced in 1992, allowing employees two days of paid menstrual leave every month. Kerala recently announced that the state's higher education department will grant menstrual and maternity leaves for students in universities under the department, and a Kerala school has also introduced a similar system.

There have been attempts to introduce menstrual leave bills in Parliament, but they have not been successful so far. In 2017, the Menstruation Benefits Bill was introduced, followed by the Women¡¯s Sexual, Reproductive and Menstrual Rights Bill in 2018.

Both bills aimed to ensure that women have access to menstrual health products and are entitled to menstrual leave. However, they were not passed.

Recently, a proposed bill called the "Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022" has been introduced. This bill aims to provide three days of paid leave for women and transwomen during their periods and extend the benefit to students.

The bill cites research that indicates that menstruation affects girls' education, with approximately 40% of girls missing school during their periods, and nearly 65% saying it has an impact on their daily activities at school.

Unsplash

Overall, while some progress has been made in India towards menstrual leave policies, more efforts are needed to ensure that women have access to such leave and are not penalized for a natural bodily function.

What about the other parts of the world?

While menstrual leave policies are not yet widely adopted globally, they are gaining more attention and recognition as an important policy that can support women's health and well-being in the workplace and in education.

Several countries, including Spain, Japan, Indonesia, Philippines, Taiwan, South Korea, Zambia, South Korea, and Vietnam, advocate for menstrual leave.

Spain recently became the first European nation to provide paid menstrual leave to workers, with a maximum of three menstrual leave days each month, which can be extended to five days.