Paid Menstrual Leave May Hurt Women’s Careers: SC

Brief Context

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 Read More

Source Content

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