Much of the criticism of the menstrual leave policy is myopic. It fails to acknowledge the lasting impact such a policy could have on the overall physical and mental wellness of citizens.
On January 24, The Indian Express carried an editorial (‘Time to talk period’) laying out “both benefits and costs” of a mandatory menstrual leave policy, specifically at the workplace. Speaking to the social and economic implications of such a policy, it says, “a special period leave could become another excuse for discrimination”. In my opinion, the path to equality does not lie in inaction due to fear of further discrimination. What is needed is a holistic outlook aimed at bridging existing gaps. Much of the criticism of the menstrual leave policy is myopic. It fails to see the lasting impact such a policy could have on the overall physical and mental wellness of Indian citizens.
Period leave is often seen as “medicalising a normal biological process”. Though menstruation is a biological process, it is accompanied by cramps, nausea, back and muscle pains, headaches, etc. Additionally, these can take a debilitating form amongst menstruating people who suffer from polycystic ovary syndrome (PCOS) and endometriosis. In India, 20 per cent of menstruators (an inclusive term referring to women, trans men, and non-binary persons who menstruate) have PCOS and approximately 25 million suffer from endometriosis. The intensity of pain can vary for individuals for a variety of reasons. The bottom line is: For many menstruators, it is a biological process intertwined with medical symptoms. Mandatory period leave is an affirmative action policy that acknowledges this reality.
The adoption of voluntary “menstrual leave” policies by some companies in recent years has led to a widespread conversation on periods in India. When the Bihar government implemented a period leave policy in 1992, it was termed “special leave for women” due to the stigma attached to the word “menstruation”. The recent initiative by employers to provide period leave has been discussed and debated in the public sphere, thereby normalising the conversation around menstruation to an extent. The Kerala government’s announcement to grant menstrual leave to all female students of state universities is a welcome move that takes the discourse a step further — into educational institutions. It is also a space wherein the policy can be implemented without the criticism that it will financially burden employers. It should be replicated across universities and schools in India. This will also help reduce the drop-out rates of female students from government schools in rural India caused by the lack of clean toilets, running water, sanitary pads, etc.
The major opposition to a menstrual leave policy is the fear of bias in hiring due to the financial costs to employers. It is often equated to the decline in the labour force participation of women following the introduction of mandatory paid maternity leave. Discriminatory hiring has been a cause of concern in many countries. This has stirred up conversations that have eventually led to the implementation of equitable policies.
In many European and North American countries, mandatory paid paternity leaves, parental leave (shared by both parents), and remote/flexible working hours for parents with children under 12 years of age are provided. Additionally, some governments provide financial support to employers to help cover the costs of paying employees on maternity/parental leave. There are also stringent penalties for discrimination in the hiring/promotion of pregnant persons as well as those on maternity/parental leave.
Similar equitable solutions can be considered in the implementation of the menstrual leave policy in India. Employers should be made to introduce a mandatory “self-care leave” as an alternative to period leaves for those who cannot avail of the latter. The same logistical benefits should apply to both policies. Employees should be able to utilise their “self-care leave” as they deem fit. This will reduce burnout and increase productivity. The names “menstrual leave” and “self-care leave” will also destigmatise menstruation and self-care respectively. Further, employers should be made to implement a stringent diversity, equity, and inclusion (DEI) framework.
A widely accepted menstrual health framework can also ameliorate the conditions of female workers in the unorganised sector. In Maharashtra’s Beed district, contractors in the sugarcane industry do not hire anyone who menstruates. More than 10,000 female sugarcane cutters have had to surgically remove their uteri to secure work. Most of them are in their twenties and thirties, and now experience various post-surgery health complications. Such exploitation is a human rights violation. A formal menstrual leave policy in the organised sector can act as a catalyst in safeguarding menstruators in the unorganised sector too.
Menstrual health is a public health issue. Considering the sizable population of menstruators in India who face stigma, period leave cannot be dismissed anymore as a “foreign concept”. It is a pivotal step in ensuring proper reproductive health equity in India.
Written by Angellica Aribam
Source: Indian Express, 3/02/23
