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MENSTRUAL LEAVE: RIGHTS OF WOMEN AT WORKPLACE

“Menstruation blood is the only source of blood that is not traumatically induced. Yet in modern society, this is the most hidden blood, the one so rarely spoken of and almost never seen, except privately by women.” 

  • Judy Grahn 

Throughout the world, role of working women has altered drastically due to social demands and economic circumstances. This has also contributed to working women undergoing immense pressure to develop a career as vigorous and holistic as their male counterparts while retaining active involvement in personal life as well. However, managing menstruation at workplace is one of the most overlooked issues that calls for immediate attention and support as it hinders the performance and efficiency of women at workplace. In India menstruation is still considered to be dirty or impure due to antiquated beliefs and traditions and the word ‘menstruation’ is met with raised eyebrows and repugnance. The initiative of menstruation leave policy would be a helping hand towards women who suffer from extremely painful and uncomfortable menstruation and need a day or two off to rest at home and return back to work with fresh mind to contribute to the productivity of organisation.  

India has seen several progressive changes in recent past but there are certain concerns that continue to be a taboo in our society and one such topic is menstruation that remains an unexplored realm. Menstruation leave is where a woman is given an option to either take paid or unpaid leave or time off from the organisation in which she is working in case she is menstruating or not in a position to work because of uncomfortable symptoms. It is essential to assess the requirement of this policy, effect of menstrual leave and the relationship between menstrual health of women and work. When it comes to changing the working conditions for women whose quality of life and productivity are adversely affected due to menstruation related symptoms, the biggest hurdle is the stigma surrounding menstruation. For years menstruation is regarded as something very personal, not openly discussed in the society or even as a taboo for some people. Menstruation leave is always considered to be controversial because it is often used as a means to criticise the work efficiency of women or as sexism. As a result, since time immemorial women have been silently doing all their daily chores and duties bearing the menstrual pain for few days each month even when they are unable to work efficiently and productively. Both secrecy and concealment can have detrimental effect on the overall welfare of women including their personal and professional accomplishments and success, physical and psychological health, the right to sense empowered and experience equality. Now as women are taking charge and climbing high ladders up in their career it is essential to take into consideration and uplift the healthcare of women at workplace. The milestone judgment by Supreme Court in Sabarimala temple case wherein menstruating women devotees were allowed to enter the Lord Ayyappa temple premise is one such step taken by Indian judiciary to break the patriarchy and empower women by establishing that women is nor lesser or inferior to men. 

The question that arises is whether menstruation leave policy would benefit or increase negative attitude and discrimination against women? 

ARGUMENTS AGAINST THE MOTION  

Menstruation leaves would prejudice employers against hiring women as not only they can take off at least twice a month except for sick leave but also go on maternity leave and still be eligible to get her full salary. The societal expectations of women and menstrual leave will propagate the assumption that women are unfit to work and perform their job thus justifying gender discrimination. This would make women more vulnerable and result in their alienation at work. Thus, special leaves are a step backwards for progress of women in workplace as they may have to face unfair treatment such as slow promotion, lesser pay, and reduced partaking in board meetings. Since most women are proficient to functioning at maximum capacity even during their menstruation cycle and it is only a trickle of women that suffer from excruciating symptoms thus making the existing sick leave option relevant and reasonable to cover such needs. Menstruation leave policy discriminate against men as only women are eligible to get surplus days off every year thus whenever rights for any group are imbalanced, stereotypes and discrimination are likely to occur. Also, it defeats the purpose of having equal pay for equal work as the policy will create a huge pay gap between male and female employees in working sector. Even when few countries have adopted policies of paid menstruation leaves, actually taking leave is still not culturally acceptable. For example, in Indonesia, companies need to perform physical examination on female employees before they can take two days menstruation leave resulting in women rarely using this provision, especially in a male dominated workplace. It would lead to loss of privacy and invite sexist comments by male colleagues. In an attempt to gain advancement at workplace women may choose not to avail menstrual leave. It is also argued that the idea of menstruation leave is gaining momentum because of the feministic wave that is currently running in society. The Bill is likely to worsen the stereotypical image of women in society that they are too emotional, too sensitive, or even too expensive to be hired as employees in any sector. Women workers who take benefit of menstruation leave policy could be perceived more adversely and face social judgements than those who do not use the policy. The main issue arises that in a country like India will women be comfortable enough to avail paid menstruation leave amidst the entire social stigma surrounding it? 

ARGUMENTS IN FAVOUR OF THE MOTION 

“Notions of purity and pollution which stigmatize individuals have no place in a constitutional order.” The Bill takes forward gender equality dialogue in a balanced and constructive manner. The contention regarding the discriminatory nature of policy can be challenged by Article 14 of the Constitution of India that provides for equality before law1 which means that if there are rules to supervise the behaviour of every employee then there shall be equality on equal footing. Since men do not menstruate, women should not be treated inferior or fall behind because of their biological structure. “If women need to tolerate the pain in silence just to fit in and not be an outcast, then we are surely paddling the patriarchy cycle ahead.” Article 15(3) of the Constitution of India provides that legislature can formulate special provisions for betterment and progress of vulnerable section of society i.e., women and children.2 Thus, menstruation leave is not only constitutional but also fulfils the obligation of State under Constitution. Menstruation leave policy will be helpful to beat the extremely uncomfortable symptoms that comes with menstruation. It is essential to remind ourselves, that equality at workplace means equal working circumstances for both men and women and not only those that can be recognized or excluded based on suitability. The topic of menstruation is surprisingly uncomfortable and often hushed up. The vague and smirk face expressions are not only humiliating but also creates an insensitive awkwardness. Formulating measures that give importance to women at workplace will not only create an environment of empathy but also lead to openness within the organisation that will facilitate a comfortable and safe culture to women employees. The option of menstruation leaves will enable trans-men and individuals who identify as gender queer or non-binary to avoid revealing their menstrual status. Granting paid menstrual leaves to women should not be considered as a special treatment but should be viewed as a basic need of every woman. It is essential that our society and culture should think beyond gender and stop viewing normal biological process as something that a woman should be embarrassed or ashamed about. Steps should be taken to address the elephant in the room by eradicating the taboo associated with it and voicing their opinions and thoughts and let us openly talk and normalise periods.  

CONCLUSION  

We live in an age where religion and science has evolved like never before, offering us opportunities and promises. It is essential to move from period shaming to creating a period friendly environment in India and embracing menstrual leave policy will be a welcoming step in this direction. Paying attention to health of women at workplace both private and public is need of the hour. Though the Menstruation Benefit Bill has received mixed reviews but it has gained momentum and in order to ensure firm practice of such a law, there is a need for proper dialogue and conversation around it so that a subtle, finely chalked out and prudently planned policy is formulated. The idea is not to give women special concessions but to provide them flexibility in the job when menstruating. In order to formulate a policy that significantly adds value to welfare of women instead of subverting it, myths and stigma surrounding menstruation must be actively questioned and eradicated both within and outside workplace. Alongside menstruation leave policy, measures to increase participation of women at workplace must also be introduced as making workplace more inclusive and gender sensitive is essential. Menstruation is something that happens only to women which is the part of uniqueness and does not necessarily imply gender inequality thus accepting and normalising biological differences between men and women is of utmost importance. Today we use superwomen as synonym for women. Women of today desire to move forward by eliminating stereotype rational and barriers that hinder contribution of women towards society. Afterall, ‘you exist because we bleed!’ 

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