In India, menstruation is surrounded by stigma and taboo, often leading to neglect of women's health needs. However, the conversation around menstrual health is progressively shifting. One significant aspect of this evolving dialogue is the concept of menstrual leave—an employment policy allowing individuals to take additional paid or unpaid leave during menstruation. Despite this progress, many women in India still face entrenched taboos; for instance, they are often barred from entering temples or kitchens during their periods due to the belief that they are "impure." The taboo is also evident when purchasing sanitary products, often wrapped discreetly to avoid public scrutiny.

The situation is dire in some regions. For example, in Maharashtra, over 4,000 women underwent hysterectomies in three years to continue working as sugarcane harvesters without the burden of menstrual pain. Against this backdrop, women writers and activists are advocating for laws mandating paid period leave.

 A Landmark Decision: Sikkim High Court's Menstrual Leave Policy

On May 27, 2024, the Sikkim High Court made a ground breaking move by introducing a policy allowing female employees to take 2 to 3 days of menstrual leave per month. This legal recognition of menstrual leave sets a benchmark for other states and sectors. Such a policy not only helps reduce stigma but also normalizes discussions about menstrual health. By promoting open communication about health issues in the workplace, it can lead to improved health outcomes for women, enhance gender equality, reduce employee turnover, and increase engagement.

Historical and Current Context in India

Currently, India lacks a comprehensive legal framework for menstrual leave, though the Menstruation Benefit Bill of 2017 was a significant step in this direction. Menstruation is a complex biological process, essential for reproduction, involving a monthly cycle where the female body prepares for potential childbearing. This process, lasting 3-7 days on average, involves various symptoms such as abdominal cramps, heavy bleeding, mood swings, and bloating. Women with conditions like endometriosis may experience even more severe symptoms.

A petition by Supreme Court Advocate Shailendra Mani Tripathi in February 2023, supported by a study from University College London equating menstrual pain to that of a heart attack, sought menstrual leave for female students and working women across India. However, opposition arose from figures like law student Anjali Patel, who warned that compulsory paid menstrual leave might discourage employers from hiring women. The Supreme Court, led by DY Chandrachud, acknowledged the potential for such negative consequences and suggested the petitioner approach the Women and Child Development Ministry instead. The issue remains contentious, with political and social figures divided in their opinions.

Pioneering Menstrual Leave Policies

Despite the lack of national legislation, several progressive companies in India, such as Zomato, Swiggy, Byju’s, and Culture Machine, have implemented menstrual leave policies. Bihar was the first state to introduce such a policy in 1992. Historically, a school in Kerala granted menstrual leave to students as early as 1912. Other states like Delhi, Uttar Pradesh, and Maharashtra have followed suit. Educational institutions like Cochin University of Science and Technology, NLU Odisha, and Punjab University have also adopted menstrual leave policies, recognizing the significant impact of menstrual symptoms on students' well-being.

International Perspectives

Globally, several countries have implemented menstrual leave policies to support women. Soviet Russia introduced paid leave for menstruation in 1920, and Japan included it in its labor laws in 1947. Indonesia, the Philippines, Taiwan, Zambia, Spain, Vietnam, and South Korea have also established similar policies. These measures reflect a growing recognition of the need to support women's health in the workplace.

Challenges and Criticisms

While well-intentioned, menstrual leave policies can face challenges and unintended consequences. Without stringent verification processes, there is a risk of false claims, which could lead to increased absenteeism and disrupt workplace productivity. These policies might also reinforce stereotypes that women are weaker or less capable than men, potentially undermining gender equality efforts. Employers might view menstrual leave as an additional cost or inconvenience, leading to a preference for hiring male candidates. Moreover, such policies could create resentment among colleagues, particularly among women who do not experience severe menstrual symptoms.

Conclusion

The introduction of menstrual leave policies in India and globally marks a significant step forward in addressing women's health needs. However, for these policies to be truly effective, they must be part of a broader strategy that includes education, awareness, and comprehensive support for women's health. It is essential to ensure that these policies do not perpetuate negative stereotypes or hinder gender equality. Embracing such initiatives can contribute to building a more inclusive and supportive society, where women's health and well-being are prioritized.