Best of both sides: On menstrual leaves, the question is not ‘if’, it is ‘how’

There is growing acknowledgement of menstruation as an important area of policy intervention. Accommodations in the public, beginning with educational institutions and workplaces, need to be initiated

Written by Sneha Banerjee

Socio-culturally, there are diverse ways in which menstruation is celebrated as well as stigmatised.

The Supreme Court of India recently disposed of a writ petition that sought directives for implementing policies for menstrual leave to women, emphasising that it was for the executive to decide and not the courts. The petitioner had sought provisions for menstrual leave to be included under the Maternity Benefits Act, 1961. It seems a logical host legislation to nestle-in a new policy provision as menstruation broadly concerns reproduction, and that this legislation provides for leaves to women at the workplace. There have been some initiatives on this from the executive, despite polarised arguments on the rationale and efficacy of menstrual leaves. On one hand, those in favour of such leaves envision them as a relief measure that accommodates the needs of those who are menstruating. On the other hand, there are apprehensions that instead of inclusion and support, these leaves would further stigmatise menstruation and employers would be disincentivised to hire and/or promote women. There are also arguments that flag concerns about misuse.

Let me start by saying two things: That the time for a debate on menstrual leaves has come and gone. It needs to be implemented and modalities have to be worked out on priority. And second, that it is important to address the apprehensions around menstrual leave for its inherent sexism and misogyny. Misuse of laws and policies are, of course, an area of concern, as it is in every applicable sphere. However, it is important to recognise the inherent misogyny of the misuse bogey when it is selectively and zealously flagged for laws and policies that aim to further gender equality.

The previous Minister for Women and Child Development had expressed her opposition to menstrual leaves last year, sparking much debate. However, steered by the Ministry of Health and Family Welfare, The Draft National Menstrual Hygiene Policy, 2023 identifies “all women, girls and persons who menstruate” as its subjects. For any menstruation related policy measure to be truly inclusive, it is important to recognise all individuals who menstruate – cis-women, transgender people and people with inter-sex variations. In its introduction, the draft policy locates itself as part of India’s commitments towards the Sustainable Development Goals (SDGs) and intends to take a “life cycle approach”. It aims to “address social taboos”, “break barriers”, “eliminate stigma” and “foster an inclusive and supportive environment”. In that framework, there is a mention of “support leaves” and other accommodations including flexibility at educational institutions and workplaces. There is also an indication that such provisions be available for all, arguably unconditionally, so as not to fuel stigma and cast aspersions on “productivity based on menstrual cycles”. Yet, no clear roadmaps are laid out regarding modalities of such provisions.

Earlier, in 2018, Ninong Ering, a Member of Parliament from Arunachal Pradesh, introduced a Private Member Bill (PMB) titled “The Menstruation Benefits Bill”, which provided for two days of paid menstrual leave, four days leave for students in Class VIII or above, as well as provisions for “thirty minutes of rest period twice a day for not more than four days during menstruation in a month”. Interestingly, in its approach it drew not just on the Maternity Benefits Act (which lays down leave provisions as well as nursing breaks, creche, etc.) but also on the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 for redressal of grievances. Since 2018, there have been five PMBs on menstruation related issues, that have dealt with access to hygiene products and menstrual leaves. All of them have since lapsed.

Socio-culturally, there are diverse ways in which menstruation is celebrated as well as stigmatised. It is celebrated as a marker of fertility and stigmatised for being “dirty” and “impure”. As a natural biological phenomenon, menstruation and related bodily ramifications can range from minor discomfort to cramps and pains that render one periodically incapacitated. However, those who menstruate are socially conditioned to cope with these in ways that mostly include non-acknowledgement in our social functioning in direct contrast to how all-encompassing it is as a bodily experience. If the goal of gender equality is to be achieved, that the Indian state has committed itself to, then a denial and invisibilisation approach towards menstruation cannot continue. Provisioning for accommodations in the public, beginning with educational institutions and workplaces, is a necessary initiative. Global historical policy experience indicates that even when provided for, such leaves are often not availed. Is it only stigma and fear of discrimination that explains this? Or, does it provide an opening for a deeper consideration of how diverse needs must be accounted for in ways in which we envisage people’s socio-economic participation? In times where there are prominent voices that valorise inhuman working hours as a hallmark of efficiency, commitment and productivity, how do we address the need for care, empathy, and valuing health in physical, mental and emotional senses as a society?

Overall, there are formidable indications that there is growing acknowledgement of menstruation as an important area of policy intervention. In that sense, it seems that the issue is no longer whether or not there ought to be menstrual leaves, but that of devising ways of providing for them. Given these, it is only a matter of time that we witness concrete measures, which are hopefully need-sensitive and rights-based in their orientation.

Courtesy :  Indian  Express

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