NEW DELHI: Lawyers and activists expressed diverse views after India’s Supreme Court refused to accept a petition seeking a nationwide menstrual leave policy, with some supporting voluntary provisions and others stressing stronger legal safeguards to protect women’s health and dignity.
The Supreme Court on Friday refused to accept the PIL, stating that no one would give them jobs in such a scenario and that such a ruling would unwittingly reinforce gender stereotypes.
Speaking to PTI, senior advocate Karuna Nundy said providing a limited provision, such as one paid day of menstrual leave, could be a practical starting point.
“A range of menstrual pain, from common cramps to endometriosis, is experienced by women regardless of whether they study or work,” she said. “Policies must therefore address the health challenge women face and the changing context.”
“One paid day of menstrual leave, as requested, would be a good start. It’s like maternity leave, if you don’t have a baby, you don’t take the leave, but you don’t have to pretend to be a pain-free heroine when you have a cycle that literally allows the human race to perpetuate itself,” Nondi added.
Activist Yogita Bhayana has criticized concerns that menstrual leave could reduce women’s employment opportunities.
“It is very stupid for them to think this way. Women are already dealing with biological realities like pregnancy and childcare. If you deprive them of opportunities because of that, you should instead direct or dictate companies not to obstruct jobs,” Bhayana told PTI.
Bhayana said many women face severe pain during menstruation and should be given the option to take time off.
“There are women who are in severe pain and cannot concentrate on work. Even if they come to the office, productivity is very low that day. A voluntary option for leave should definitely be given,” she said.
She also said that these provisions should be extended to include students.
“Students also suffer from the same pain. Sometimes, sitting in class becomes difficult, and you cannot focus on your studies. So there should be a volunteer option available for them as well,” she said.
Bhayana added that governments should encourage voluntary policies even if the courts back down on the issue.
“Governments should take a stand and encourage voluntary policies. If the court says no, state governments should step up and implement it. Women are not asking for this for fun, it is a practical matter,” she said.
Providing a voluntary option for leave would be a practical solution, Bhayana said.
“There are some women who do not suffer from pain and do not need leave. Let it be voluntary. But depriving everyone of this option is wrong,” Bhayana said.
Activist Ranjana Kumari said the issue largely falls within the purview of state governments.
“This comes down to the state sphere. This may be why the Supreme Court doesn’t want to talk about industrial policy. Every state needs to legislate it or issue an executive order so that women who feel very unwell during menstruation can take leave. This is a very important aspect of a woman’s life,” she said.
Kumari said menstrual leave should be available but not mandatory for every woman.
“I ask for menstrual leave, but voluntarily. You can’t say every woman should take three days off every month. Many women may not need it. It should be available when a woman experiences pain or complications.”
She said workplaces should not refuse such requests.
“There should be a clear rule that if a woman asks for leave due to menstrual pain, the institution should not be allowed to say no. If she refuses, there should be a penalty against her,” Kumari told PTI.
However, Kumari cautioned that policies must also take into account the impact on women’s employment opportunities.
She added: “We must protect women’s dignity and health while ensuring that they do not lose their job opportunities. Otherwise, institutions may say that women work only a few days a month but they get paid for the entire month.”
Lawyer Sunita Sharma supported the Supreme Court’s concerns, saying mandatory menstrual leave could inadvertently affect women’s job opportunities.
“I think that’s true, so why should women show that we’re weak compared to men, that we can’t handle those three or four days?” She said.
Sunita said that menstruation is a personal matter and should not become a public issue in the workplace.
“In the Indian scenario, this is a very personal thing about your body. Why should the whole world know that you are spending this time and cannot come to the office because of that?” Sunita told PTI.
Women generally learn how to deal with menstrual pain over time, and this leave can be abused, Sunita said.
She added: “By age everyone learns how to deal with this. Of course, there are physical problems, but they are not so serious that you cannot come to the office. Sometimes, leave can also be abused if someone wants to go somewhere and says that he cannot come to the office because of this.”
According to her, if a woman faces health problems during her menstruation, she should be able to take leave under the current provisions.
She said: “If a woman is not feeling well, she can take leave within sick leave, but there should not be a separate category called menstrual leave.”
Seema Singh, a law professor at Delhi University, said the issue has many social and economic dimensions.
“This is a very sensitive issue, and there are several dimensions. It is not something that is only about menstrual hygiene or the right to health of menstruating women, but there are many issues associated with it as well,” Singh told PTI.
She said mandatory sentences without wider societal acceptance could affect women’s employment opportunities.
“Even if the Supreme Court makes it mandatory, in the private sector, employers may think their productivity will suffer and may avoid hiring women. So who will suffer then?” Singh said.
She said that community awareness is necessary before implementing legal provisions.
“Everything cannot be implemented through the law. Awareness is very important. Until we create sensitivity in people’s minds that women may need rest during those days, it will be difficult to implement such policies effectively,” she said.
However, the Supreme Court said that the competent authority may consider representation and consider the possibility of formulating a policy on menstrual leave after consulting all relevant stakeholders.
This article was generated from an automated news feed without any modifications to the text.
