Addressing Menstrual Leave Issues In India: Looking Beyond The Law

L. Helan Jesus Mary, Assistant Professor of Law, The Central Law College, Salem, Tamilnadu

ABSTRACT:

Menstruation is a natural biological process experienced by women around the world. However, the impact of menstruation on a woman's physical and emotional well-being is often overlooked. In recent years, the concept of menstrual leave has gained traction as a means to address the specific needs of women during their menstrual cycle. It aims to provide women with the flexibility to take time off work during their menstrual cycles without facing any negative consequences, such as loss of pay or job security. In India, various states and private organizations have explored the idea of providing menstrual leave as part of their employment policies. Menstrual leave has been a topic of discussion for decades. The country's cultural and social context has traditionally associated menstruation with stigma and taboos, making it challenging for women to manage their menstrual cycles effectively. However, in recent years, various companies and organizations have introduced menstrual leave policies to support women's health and well-being. On the other hand, critics express concerns about potential misuse or discrimination against women in the workplace. They worry that providing menstrual leave could reinforce gender stereotypes and reduce opportunities for women in certain job sectors. Recently the Supreme Court of India refused to entertain a plea seeking menstrual leave because if employers were compelled to grant menstrual leave it may disincentivize them from hiring women at all. So, the policy related to menstrual leave should be designed with careful consideration of cultural norms, gender equality principles, and the needs and preferences of the workforce.

In this article, we discuss the need for separate menstrual leave in organizations, besides examining its extant legal position in India and across other jurisdictions. Additionally, we have also examined the evolving industry practice in India with respect to the implementation of policies and we have also looked at the advantages and disadvantages of menstrual leave and comprehensive Policies for Workplace Equality.

Keywords: Mensural leave, Period leave, Special leave, Health, well-being, Legislation, Policy, India.