“Many of my friends and I often get abdominal pain during menstruation. Attending school on those days becomes difficult. I think students should be given at least two days off every month,” says Kusum (name changed), a Class 10 student from the Delhi-NCR region.
This is indeed a challenge not only for Kusum and her friends but for around 375 million girls and women in India within the age group of 15 to 49 years, menstruating every month. Although a bit painful and discomforting at times, menstruation is a normal physiological phenomenon and healthy for adolescent girls and women either at home or at academic institutions and workplaces – across organised and unorganised sectors.
The backdrop
Different cultures around the world have diverse viewpoints on menstruation, with some embracing it as a cause for celebration while others perceive it through the lens of patriarchy. Women’s social interactions and access, whether as students or working professionals, are gaining prominence around the discourse on menstrual leave, which is deeply rooted in the age-old dialectics of celebration and taboo.
While Soviet Russia, Japan, and Indonesia started implementing menstrual leave policies in the early 20th century, several other countries including Spain, South Korea, Vietnam and Taiwan presently have different versions of legal instruments in place.
Back home, as early as 1912, the Government Girls School in Tripunithura (in the erstwhile state of Cochin, currently in Ernakulam district), Kerala, had granted menstrual leave to its students. According to historian P. Bhaskaranunni, an order was issued on January 24, 1912, stating that students who were unable to write annual exams due to menstruation should be permitted to write the same on another occasion”.
Over the past few decades, various states in India implemented menstrual leave policies to different extents. Since 1992, women government employees in Bihar have been granted two paid leave days per month. In Kerala, girls aged 18 and above are granted to take up to 60 days of menstrual leave per year.
In August 2023, Maharashtra introduced its Shops and Establishment (Regulation of Employment and Conditions of Service) (Amendment) Bill, where the amendment proposed that women employees working in shops and establishments in Maharashtra would be eligible for paid menstrual leave.
The debate
The Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill 2022 (yet to be enacted) proposes three days of paid leave for women and transwomen and girl students above the eighth standard during menstruation. The bill also includes other rights, such as the right to free access to menstrual health products, including menstrual cups, tampons, and sanitary pads, regardless of status or region.
However, a school of thought questions the basic premise of paid menstrual leave, emphasising that it is a natural part of women’s lives rather than a 'handicap'. This debate came at the juncture when a recent report from the Parliamentary Committee on Personnel, Public Grievances, Law and Justice was tabled in the Parliament.
The report highlighted the potential impact of menstruation on women's workplace productivity and performance. As a possible solution, it suggested considering the implementation of menstrual leaves or sick leaves/ half-pay leaves for women on a monthly or yearly basis without the need for a medical certificate or further justification.
Arguments supporting menstrual leave policies in India are found grounded in constitutional provisions (Articles 14, 15[3], 16, 21, 23, 39, and 42) aiming at ensuring gender equality and the well-being of women.
Another school of thought finds it in sync with the rights of women. In December 2021, a Private Member Bill was introduced to the Parliament (‘Right to Menstrual Hygiene and Paid Leave Bill, 2019’), which sought to bring menstrual leave into the ambit of the rights of a woman, and a refusal of such leave into the domain of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
In July this year, the Supreme Court of India observed that the issue was a policy matter and not within the court's jurisdiction. It directed the Centre to develop a model policy on menstrual leave for women employees, in consultation with the states and other stakeholders.
However, the apex court raised concerns about the potential negative impact of mandating menstrual leave, stating that it could lead to women being shunned from the workspace. The court also said that a court decision to grant menstrual leave could be “counterproductive” and "detrimental" to the cause because employers may avoid hiring women, further restricting women’s participation in the workforce, across the organised and unorganised sectors.
Data tells a story
A study showed that 40 per cent of adolescent girls in Delhi missed school during menstruation due to pain, anxiety, and lack of proper facilities. Nearly 65 per cent reported that it affected their daily activities at school and that they had to miss their class tests and classes as a result of pain, anxiety, shame, anxiety about leakage, and staining of their uniform. The study also highlighted the lack of basic facilities such as water, bathrooms, and operational toilets in schools. Male teachers and schoolboys should be more informed regarding menstrual hygiene and management.
This is not just for students; Charu (name changed), a 30-year-old woman from Delhi, said, “Women, whether homemakers, employees or workers in the informal sectors, commonly face physical and mental stress during their periods. Consequently, all women need two to three days of rest.”
Puja Marwaha is the CEO of CRY – Child Rights and You
The opinions expressed in this article are those of the author and do not purport to reflect the opinions or views of THE WEEK
