Open Access Research Article
MENSTRUAL LEAVE AND WORKPLACE EQUITY
Published Paper
Article Details
MENSTRUAL LEAVE AND
WORKPLACE EQUITY
AUTHORED BY
- PRATIBHA
Research
Scholar in Jayoti Vidyapeeth Women’s University, Jaipur, Rajasthan
Designation
- Research Scholar
Contact
Number - 7014441535
Email Id –
Preetipratibha86@gmail.com
Abstract
Globally women are evolving in several work, businesses and other forms of
economic activities. Work culture has also been evolved and become gender-neutral.
Women and men both work equally on same pay scale. Even though a woman is not
as capable, she still works equally as a man without any special treatment. A
woman spends 4 to 5 days in pain every month or some working women have to
balance their home or work life or still this situation is a part of their life
without any complaint. A woman spends 4 to 5 days in pain every month or some
working women have to balance their home or work life or still consider this
situation as part of their life without any complaint. This situation in
general term called "period" or "menstruation".
Keywords - Menstruation, Treatment, Globally, Gender-neutral,
Complaint.
Introduction –
Equity is a term which means to provide opportunity and support to those
who are little behind from equals. By the process of equity we can achieve
equality. Here Workplace equity refers to giving opportunity to the persons
based on their ability, skills and intellect rather than on characteristics.
Some people argue that it is only a natural process and not a disease or
illness. But it is the high time to acknowledge and normalize the period taboo
and support women's need where necessary, as far as professional commitments
are necessary. By giving menstrual leave, workplaces can become more
collaborative and supportive towards female employees and create homely
environment for them when they feel free to connect them regarding their
problems. The workplace will become more productive when all employees feel
healthy and pampered. This action will help in reducing the stigma linked to
menstruation. Through this research
we will try to find out whether this provision of menstrual leave will not lead
to discrimination in a workplace and what consequences can be derived from this
provision. Should a provision in this regard be made or not. In this
research we will analyze that how the provisions of menstrual leave will affect
the workplace equity and why.
How
Menstruation been considered in India:
This situation has been under myths since ancient times. In some ancient
civilizations, menstruating women was considered respectful like Goddess
because they consider it a divine activity that how can a women bleed every
month by their body and not die. Though, some civilizations considered that it
can cause other people ill and kill crops and many more myths.
We can say that, in ancient time when people considered menstruation,
people knew that women in these days needed rest as they feel low and week that
is why they used to say only to rest and denied to go anywhere. But people
through time has misinterpreted this and made this a taboo.
In Vedas, there has not been written that menstruation cycle is impure.
According to Vedas, there was a Yajna called "Agnihotri Yajna" which
instructs both men and women to perform daily without any break. Through this
statement we can consider that there was no restriction in sitting in spiritual
event during Menstruation.
In ancient Greece, menstruation cycle was considered as celestial event and
relates it to moon and lunar cycle or tide.
Need for
Menstrual Leave:
In India, there is a lot of working independent women have to balance their
both professional and personal life. During Menstrual cycle women have hormonal
disbalance and many women suffer from Dysmenorrhea, Premenstrual syndrome,
abnormal uterine bleeding, Menorrhagia and so on.
Only some blessed women have not to face these disorders and have a pain
free period but in context of those blessed ones we cannot neglect the women
who suffer a lot.
In 2020, Zomato announced 10 days of "menstrual leave" for female
employees saying that period leave should not be stigma or a fact to be
shameful on. Being in a trustful relationship of employer and employee we
should have a supporting and collaborative culture at workplace.
This issue was not considered yet because no female raised her voice for it
because of the stigma of period, fear of being judged and discriminated, losing
out on professional opportunity and habit of suppressing the physical pain and
many more reasons. Accordingly, provision for women will make a healthy
discussion about menstruation and also ensure sensitization of women at
workplace and society. From an optimistic foresight, implementation of such productive
and beneficial policies will facilitate employee retention and they will be
assured that their concerns will be addressed positively by their employers.
Girls generally taught by her female family members in her teenage that her
physical pain need not to discuss with everyone and in this process when a girl
feels genuinely discomfort and extreme pain, she suppress it which cause to a
disease later. Even Doctors advice that when period pain is extreme, one should
consult to a gynac and have medication to prevent uncertain situations. Thus
these provisions to comfort female in this matter will create a better society
in which females would be more confident in sharing their problems.
Legal Status
of These Policies in India
Since independence, no law has been implemented for women in this regard.
The laws which implemented got no success. The Menstruation Benefits Bill, 2017
was tabled before Lok Sabha in 2017 by a legislator of Arunachal Pradesh but
this bill was not debated in the Parliament. This bill contained four days of
paid leave to female employees and employers every month in public and private
both sector.
Again in 2020, this bill was presented by the same legislator, named Mr.
Ninong Ering in Arunachal state assembly but withdrawn later. Thus, this bill got no attention,
neither in Parliament nor in the State assembly of Arunachal Pradesh.
Women’s Sexual Reproductive and Menstrual Rights Bill, 2018 was tabled
before Parliament by a parliamentarian Shashi Tharoor. This bill consisted
provision of criminalizing marital rape, free access of sanitary pads to women
and legal termination of pregnancy etc. The bill faced same consequences as
before (not passed).
However, in 1912, the state Kerala (called Princely state that time), was
may be ahead of its time. Because in 1912, a head-teacher came forward for
menstrual leave for girl students and female teacher as they were usually
absent during this time. The higher authorities also considered the matter and
granted permission to girls to write their annual examination later.
Bihar is the first state to announce menstrual leave of two days to its
employees in 1992.
University Administration Student Bar Council introduced the Menstrual
Leave Policy, 2023 to grant leave to the employees and students of the
department in those days (one day in each month).
In 2023, a public interest litigation (PIL)[1]
was filed to seek the direction for states to frame policy regarding menstrual
leave and other provision under Maternity Benefits Act, 1961. The PIL was disposed
and Supreme Court suggested submitting the same to the Union Ministry of Women
and Child Development and Minority Affair.
Challenges in
Implementation:
According to the discussion in the following
research, several challenges have been introduced, making the laws hard to
implement. Recently, in a Parliament debate, when shashi tharoor presented the
bill towards Parliament, Smirti Irani being minister of Union Ministry of Women
and Child development objected the bill and reacted that “Menstruation is a
natural process and part of women’s life and not a handicap”. She also said that this provision might deny women the
equal opportunity.
Thus, Women
itself are the challenge in implementation of the provision regarding
“Menstruation”. Either they consider menstruation their part of natural life or
they are habitual of the pain and keep it ignoring like some bad omen. Women
also think that this will make them special to others and they will lose equal
opportunities.
Providing menstrual leave to female employees
will lead to the workload on male employees and it can also result in that
employers will start prioritizing male employees over females.
Conclusion
Though there is no legal backing of menstrual leave provision in India but
a lot of sector, companies and departments started to promote and normalize
this issue by giving paid leave to female workers or students.
We are giving
the provision of leave to women but we also have to ensure that there is no
unintentional inequality or discrimination. While this principle provides us with a chance to
enhance our workplace, it's crucial to acknowledge the challenges it presents. For this
we need careful planning, transparent communication and adaptive solutions.
Women benefit bills are helpful to maintain workplace equity for women but
with the measures that it should truly benefit women. Confidence to share
problem and comfortable and necessary instruments like sanitary pads,
chocolates, hot water bag, and green tea are much needed gestures to women in
menstruation days.
References:
Belliappa, Jyothsna Latha. Menstrual Leave
Debate: Opportunity to Address Inclusivity in Indian Organizations. Indian
Journal of Industrial Relations, Vol. 53, No. 4 (April 2018), pp. 604-617
The Dialogue Box. Article- Tryst with blood :
Deciphering the Menstruation Benefits Bill, 2017, Posted on March 24, 2023
Shailendra Mani Tripathi v. Union of India, WP (C) No.
172 of 2023
G., Bhagyamma. (2023). THE IMPACT OF MENSTRUAL
LEAVE ON WOMEN'S EMPLOYMENT OPPORTUNITIES: A COMPREHENSIVE ANALYSIS.
Article Information
MENSTRUAL LEAVE AND WORKPLACE EQUITY
Authors: PRATIBHA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/15
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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