Need For Paid Menstrual Leave As A Labour Legislation In India: An Overview

S Nivedha, BA. LLB (Hons), SASTRA Deemed University, Thanjavur

ABSTRACT

Menstruation is an age-old taboo globally and especially in India. Every time a woman has her periods, she is still forced to follow the age-old practices which everyone is aware about. Despite of the pain and discomfort, every woman must do their daily activities. Women working at office or especially in a work which demands physical strength cannot even demand rest during their periods as they are hesitant to talk about it. According to research conducted at University College London stated that a menstrual cramp can be equivalent to heart attack1. This shows how severe the pain can be and stressing or straining during the cycle will only affect the health of a woman. Menstrual leave is a sensitive matter just like maternity leave. Though the cycle lasts short than the Maternity period, the pain and discomfort with other health issues are serious within that short time which has various repercussions that are projected in the working or studying environment. Women at the workplace already have the benefit of maternity leave through The Maternity Benefits (Amendment)Act 2017 and various labour legislations but still the debate of menstrual leave is not addressed in a concerned manner. In such a case whether it is fair for a woman to take risks and challenging tasks while undergoing so much bodily discomfort or does this whole issue of wanting a paid menstrual leave result in a roadblock for their career by discouraging companies to hire woman workers? A feminist activist Kavitha Krishnan says that whenever government makes any policy it is in view of benefiting the male workers. Not only women but also trans- men undergo periods and it is important to address the issue of menstrual leave2. While a lot of people support the paid menstrual leave agenda. It has also received a lot of criticism. In this article, we will discuss the ever-going debate on whether menstrual leave can be allowed in India in workplaces for the benefit of women and the position of menstrual Leave so far in both India and other countries along with the significance of why menstrual leave is necessary from the aspect of labour laws of our country.