Right To Menstrual Leave – A Path Break Through
By Navami. S, Assistant Professor at VIT School Of Law, Chennai.*
Post globalization era, witnessed a number of legislations being implemented for the protection of women and the weaker sections, there is a plethora of precedents demanding and ensuring the protection and welfare of women in the society. The present scenario on the case laws, the theories and number of laws are not enough to change the attitude of a person. The Menstrual Benefit Bill, a private bill was submitted before Lok Sabha and is still suffocating in red tags. However, the implementation and effectiveness of the bill is still in question as many are of the contention that it is not easily implemented as many will misuse the benefit if a mandatory leave is provided for the benefit of women. Some foreign countries like Japan have already given this as a matter of right to women. In India, more than 12 companies have included this as a company policy. Menstruation plays a big role in the health of women, even when everyone pleads equality, some biological aspects need to be kept in mind. A proper mensuration period helps to maintain the equilibrium and good health. By including “menstrual leave” in the context of right to health, the taboo can be removed. In order to tackle the misusing situation, the government can implement a scheme of optional 12 days menstrual earned leave per year. There is a huge opposition against this move. Women are against this policy as they are stating, we would be considered by the society as a weak, which they don’t want. But constitution itself provides the discrimination on the basis of gender. It would be psychologically better to stay at home than working less productive in the workplace Gestation period for humans is considered to be 10 months, which is a long period. So, if maternity leave can be legalized, considering optional menstrual leave for one day may be considered. My paper focuses on the various aspects of Menstrual Leave, its fallacies, how it can be incorporated into our legislation, what are the issues which needs to be addressed and some aspects of right to health.
* The author is an Assistant Professor at VIT School Of Law, VIT, Chennai Campus.