Elsa Angel Rose
The highest court made some observations while rejecting the plea, including that offering voluntary leave would be excellent, but implementing a mandatory paid leave policy for working women and female students could damage their careers, affect their chances of employment, especially in the private sector, and lead to females feeling that they are not on par with their male colleagues. The PIL was filed by lawyer Shailendra Mani Tripathi before a 2-judge bench headed by CJI Surya Kant. The court concluded with the ruling: “The government could come up with a menstrual leave policy in consultation with all stakeholders.” At a time when women are entering the workforce in droves, and a small percentage (sadly) are even leading companies, such a verdict raises the question of whether, by denying mandatory paid menstrual leave, the court is reinforcing gender stereotypes or, as it claims, is helping women by improving their employability, safeguarding their careers, and ensuring they do not feel inferior to their male counterparts.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
IS MENSTRUATION THE SAME FOR EVERY WOMAN?
“Not really, everyone’s experience is different. I usually deal with severe stomach and back pain. I also feel hungrier than usual, get irritated easily, and prefer not to talk to anyone. I tend to crave junk food and just feel like being a couch potato. If I had the option, I wouldn’t go to work. I would prefer to take at least two days off to rest,” said Natasha Ramesh Kerkar, a young working woman (Lawyer) from Saligao. A few women might experience less to no pain, but the majority of women experience a great level of stomach ache, back pain, and more, which makes even walking or other low-effort daily tasks difficult. “It’s hard to stay grounded when you’re dealing with the physical exhaustion of back pain and cramps. When our hormones are this out of sync, the mood swings and constant irritation make it nearly impossible to feel like myself or maintain my well-being,” said Neha Gaunkar, from Corlim, a student of Dhempe College of Arts and Science. Factors like genetics, hormonal variations, stress, and lifestyle influence the kind and extent of menstrual pain a woman experiences. “While some people might feel only mild discomfort, others suffer from debilitating conditions like Endometriosis or PCOS. Experiencing menstruation can be painful and uncomfortable. Sometimes I would like to go out, but on most days the pain is too unbearable to even move, so I take a break from college,” said Neha.
THE WAY FORWARD NEEDS EQUALITY, NOT EXCUSES
“In my view, while implementing the latest notified Labour codes, gender-sensitive leave (including menstrual leave) can be given as an optional benefit. The Appropriate Government / Respective States can, by way of notification, propose such leave, and the employers need to be convinced to adopt the same as an optional benefit,” said advocate Prasanna Chawdikar from Panjim. He emphasised that there is no need to implement the leave policy as a law. Prasanna said, “The Apex Court has already made it clear that menstrual leave is a labour-law related matter and needs to be decided as a policy by the respective employers, and hence there is no need to introduce it by law.” Countries like Spain, Japan, North Korea and even a few states in India, including Bihar, Odisha, Karnataka, and Kerala, are trying to normalise a paid menstrual leave policy. Keeping in mind, not just profits or productivity, but basic health is important; this goes without saying. Stating that offering something as basic as a paid menstrual leave policy will affect the employability of women, knowingly or unknowingly, unravels the deeply entrenched patriarchy in society. What is needed is an egalitarian society, not a patriarchal one, a thriving society. Countries that have already implemented paid menstrual leave have not seen women disappear from the workforce. So, what makes India an exception?
WHY DENY A MANDATORY PAID MENSTRUAL LEAVE?
“Employers who want to be fair should offer flexible options, such as sick leave, work-from-home, temporary adjustments and clinical support where needed, rather than assuming uniform performance across all women,” said Abhishek Shilkar, a HR expert and founder of Recruitia. It is obvious that if a woman is given a mandatory day off, the performance of the company will not go into a pit. Regarding the same, Abhishek shared, “Many organisations and some governments have introduced menstrual leave policies without business collapse; careful rollout, staffing plans, and reasonable notice systems prevent disruption.” But why are the majority of governments or companies worried about such an implementation? Perhaps or certainly, for many companies, productivity, profit and business performance at any cost is the agenda. Also, another perspective, which the court also emphasised, is how such a law could backfire. Abishek said, “Employers worry that a gender specific, legally-mandated leave could create perverse incentives or stigma if not designed well.” He added, “The recent court hearing explicitly warned that a compulsory, women only statutory leave could discourage hiring in some workplaces because employers may view it as an added recurring cost or a reason to assign fewer responsibilities, especially in sectors with tight margins or small teams.”
