MVA promises menstrual leave in Maharashtra poll manifesto: The journey of the provision in Parliament explained

Menstrual leave is in the spotlight in India, again. The Maha Vikas Aghadi (MVA), the opposition alliance in Maharashtra, has proposed a two-day ‘period leave’ a month for women employees in its poll manifesto titled ‘Maharashtranama’. The state will hold Assembly elections next week.

There is no centralised provision for paid menstrual leave in India at the moment. However, some states and companies have their own rules on the topic. The issue has also come up before Parliament, triggering a debate on the need for a menstrual leave policy.

Let’s take a closer look.

Menstrual leave issue in Parliament

Last December, the then Union Women and Child Development (WCD) Minister Smriti Irani reignited the debate on paid menstrual leave after she opposed it, saying menstruation is not a “handicap”.

Responding to a supplementary query by Rashtriya Janata Dal (RJD) MP Manoj Kumar Jha on whether the government was seeking to roll out a law for menstrual leave, Irani said on December 13, 2023, that menstrual leave could lead to women facing discrimination in the workplace.

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“We should not propose issues where women are in some way denied an equal opportunity just because somebody who does not menstruate has a particular viewpoint towards menstruation,” she said.

The former WCD minister said that being a menstruating woman herself, “menstruating and menstrual cycle is not a handicap” and that it is “a natural part of a woman’s life journey”.

Earlier she had given a written reply to an unstarred question by Congress MP Shashi Tharoor in the Lok Sabha on the issue. “Menstruation is a physiological phenomenon among women and only a small proportion of women/girls suffer from severe dysmenorrhea or similar complaints”, further saying that “most of these cases are manageable by medication".

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“At present, there is no proposal under consideration of the government to make provision for paid menstrual leave mandatory for all workplaces,” she added.

Last March, three MPs from Kerala – TN Prathapan, Benny Behanan and Rajmohan Unnithan – posed an unstarred query in the Lok Sabha to Irani about whether the government was mulling making paid menstrual leave mandatory for all workplaces. The then Minister of State for Health and Family Welfare Bharati Pravin Pawar gave a similar reply as Irani had offered to Tharoor.

Pawar added, “The government implements the Scheme for Promotion of Menstrual Hygiene among adolescent girls in the age group of 10-19 years. The Scheme is supported by the National Health Mission through the State Programme Implementation Plan (PIP) route based on the proposals received from the States/UTs.”

At least three Private Members’ Bills have been introduced in the Lok Sabha in recent years, advocating for menstrual leave.

As per Indian Express, the first attempt was made in 2017 when the then Congress MP from Arunachal Pradesh, Ninong Ering, brought the Menstruation Benefits Bill, endorsing a four-day menstrual leave.

Tharoor introduced The Women’s Sexual, Reproductive and Menstrual Rights Bill, 2018, proposing to “amend certain enactments to emphasise on the agency of a woman in her sexual and reproductive rights and to guarantee menstrual equity for all women by the State”.

In December 2021, Congress MP from Tamil Nadu, S Jothimani, introduced the Right to Menstrual Hygiene and Paid Leave Bill, 2019, seeking a right to “paid leave” for three days of menstruation. It called for bringing the refusal of such leave to the ambit of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

In 2022, Hibi Eben, Congress MP from Kerala, brought The Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, proposing a three-day paid menstrual leave for women in any establishment registered with the government. The proposed legislation also sought absence for three days for female students in educational institutions during periods.

All these were Private Members’ Bills, which are legislative proposals by an MP who is not a minister. They hardly ever make it to discussions in the House.

The menstrual leave was not discussed in Parliament but has been raised as questions asked by MPs in the Lok Sabha and Rajya Sabha over the years, reported Indian Express.

In March 2023, a Parliamentary Standing Committee urged the government to consider granting ‘menstrual leaves’ or ‘sick leave’ or ‘half pay leaves’ for women without the need for medical certificates or justification.

“Keeping the physical and mental well being of women in mind and taking cognizance of their unique needs, the Committee recommends to the Department (of Personnel and Training) to hold consultations with stakeholders and frame a menstrual leave policy allowing women who suffer from menstrual cramps, dysmenorrhea and similar conditions to take time off from their work,” the panel had said.

Which states have menstrual leave?

Bihar has had a menstrual leave policy for government employees since 1992.

In 2023, Kerala brought a provision, allowing menstrual leave for female students in all state universities under the Department of Higher Education.

The Odisha government has implemented a menstrual leave policy for government employees under 55 years, granting 12 days of leave annually.

Other states like Karnataka and Maharashtra are considering similar provisions.

The menstrual leave debate in India

Periods remain a taboo in India, with the topic discussed in schools in hushed tones. Menstruation is a normal physiological process that brings discomfort, anxiety and pain to menstruators. For some, the pain is unbearable, affecting their productivity during their period.

India does not have a menstrual leave policy, with the topic sparking mixed reactions.

In July, the Supreme Court dismissed a petition seeking to make menstrual leave compulsory at the workplace, saying that “mandating such leave will lead to women being shunned from the workforce”. The court, instead, asked the Centre to consider if a model menstrual leave policy should be framed.

Last year, the apex court had refused to entertain a public interest litigation (PIL) calling for menstruation leave for female students and working women across the country.

Many countries, including Spain, Japan, South Korea, Vietnam, Indonesia and Taiwan, have legislation on menstrual leave with varying provisions.

Those who oppose menstrual leave say it would lead to discrimination against women in the workforce. It could create hurdles for women, discouraging employers from hiring them.
They say only a small percentage of women face severe menstruation-related health issues, which they can claim as sick leave.

However, menstruation is not a sickness. Manjima Bhattacharjya, sociologist and author of Intimate City, wrote for Indian Express, “There is a radical appeal to the idea that menstruation is not sickness (and so should not be tethered to the misnomer of “sick leave”) and to name it is to normalise it.”

The proponents of period leaves argue that this would recognise gender differences in the workforce, making women more productive.

In India, menstrual leave would be in sync with Article 21 (right to life) and Article 14 (right to equality) of the Constitution. Moreover, Article 15(3) empowers the state to make special provisions for women and children.

As Professor Shireen Moti, Assistant Professor of Constitutional Law at the OP Jindal Global University and Dhananjay Kumar, a British FCDO Chevening scholar, argue in their opinion piece for ThePrint, “Constitutionally, paid menstrual leave is imperative for equality and dignity and any opposition to such a policy measure is a step back from making the workplace more comfortable and equitable for women. There is a dire need to shun patriarchy by normalising menstruation rather than invisibilising it.”

With inputs from agencies