Paid Menstrual Leave May Hurt Women’s Careers: SC

Syllabus: GS1/Social Issues, Gender Equality

Context

• The Supreme Court expressed apprehensions that a law making paid leave during  menstrual pain compulsory may damage the careers of young women and deprive them of equal opportunities.

What is Menstrual Leave?

• Menstrual leave refers to paid or unpaid leave granted to women during menstruation when they experience health issues such as:
  • Dysmenorrhea:  painful menstrual cramps
  • Endometriosis: a disorder where tissue similar to uterine lining grows outside the uterus

Highlights of the SC Judgement

• Such a move could create a psychological barrier among women that they are inferior to men as they can’t work when they are menstruating.
• Chief Justice distinguished between creating a legally enforceable statutory right and a spontaneous act or policy from employers towards women employees.
• The Court encouraged “voluntary” initiatives in this regard by States like Odisha, Karnataka and Kerala, which gives leave to students in State-run universities and institutions up to 60 days’ leave annually for menstrual pain.

Arguments in Favour of Paid Menstrual Leave

• Promotes Gender-Sensitive Workplaces: Recognises biological realities of women and promotes inclusivity and empathy in the workplace.
  • Moves beyond gender-neutral policies to gender-responsive labour reforms.
• Aligns with Constitutional Principles: Supports Article 42 of the Constitution of India, which directs the state to ensure just and humane conditions of work.
  • Also it resonates with provisions of the Occupational Safety, Health and Working Conditions Code, 2020.
• Improves Productivity and Well-being: Allows women to rest during periods of pain or discomfort, leading to better overall performance and morale.
• Health and Human Rights Perspective: Upholds women’s right to health, dignity, and bodily autonomy.
• De-stigmatising Menstruation: Recognising menstrual health in workplace policy can help break social taboos & promote gender equality.
• Global Alignment: Reflects global best practices, countries like Japan, South Korea, Indonesia, Taiwan, and Spain have similar policies.

Arguments Against

• Risk of Workplace Discrimination: Employers may become reluctant to hire or promote women, viewing them as less productive or more costly.
  • Could unintentionally reinforce gender bias rather than eliminate it.
• Informal Sector Dominance: Nearly 88% of India’s workforce is in the informal sector, where formal leave policies are largely absent.
• Implementation Challenges in the Private Sector: Ensuring compliance and monitoring across diverse industries could be difficult.
• Insufficient Scope and Uniformity: One day per month may be inadequate for many women who experience severe menstrual disorders.
  • Lack of a national framework may create policy inconsistency across states and sectors.
• Existing Employer Obligations: Employers already bear responsibilities such as maternity Benefit Act, 1961 provisions, crèche facilities in certain establishments

Way Ahead

• Women are striving for equality in workplaces and leadership roles, and the provision of menstrual leave could potentially be used against them.
• Recognising the diverse nature of menstrual experiences is essential.
  • Some argue for flexible work hours, work-from-home options, or better menstrual hygiene facilities at workplaces instead of fixed leave days.
• Tailoring support and being accommodative on a case-by-case basis promotes inclusivity, while also addressing the individual needs of those navigating their difficult menstrual cycle.

Source: TH