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Fostering Women’s Health And Employment Equity: Acknowledging The Necessity For Menstrual Leave

Fostering Women’s Health And Employment Equity: Acknowledging The Necessity For Menstrual Leave In The Indian Socio-Legal Framework




Ms Manan Dardi & Ms Aditi Gupta

ABSTRACT

This article examines the socio-legal implications of the implementation of a policy regarding menstrual leave in India. Menstruation, an inherent physiological phenomenon, often causes women to endure physical distress and cramping, which have the potential to hinder their ability to perform at their highest level on the job. Recognising the diverse array of obstacles that women face throughout their menstrual cycles, the objective of this policy is to provide them with the option to attend work on unpaid or paid leave in the event that their bodily state hinders their ability to do so.

This issue is particularly significant in India, where certain regions continue to observe menstruation as a forbidden subject, and it calls for the preservation of the human rights of working women. For the purpose of achieving global equality and inclusion for women, the article stresses that the inception of a policy regarding menstrual leave should encompass all sectors of the workforce, not just white-collar jobs.

This article undertakes a socio-legal analysis of the potential advantages and challenges associated with the menstrual leave policy. It scrutinises and investigates workplace culture, gender equality, and the general welfare of women. Furthermore, the essay delves into contemporary legislative frameworks and statutes that provide backing for the execution of said policy.

Furthermore, it underscores the criticality of implementing education and awareness campaigns to dispel societal preconceptions regarding menstruation.

By addressing the socio-legal facets of a menstrual leave policy, this article aims to contribute to the ongoing parley concerning women’s rights, workplace inclusivity, and the recognition of menstrual health as an integral component of women’s general health and well-being. It advocates for a thorough grasp of the issue and proactive measures to ensure that women can assert their rights and access vital support during their menstrual cycles.

Keywords: Menstrual leave policy, socio-legal dimensions, women’s rights, workplace inclusivity, gender equity, menstrual health.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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