Period Leave: ‘Special facility’ or the need of those days, provision of period leave in many countries, what is the situation in India

Period Leave: ‘Special facility’ or the need of those days, provision of period leave in many countries, what is the situation in India

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In the past, the final approval was given to periods leave in the Parliament of Spain. With this, Spain became the first European country to implement the period leave law. In many countries of the world, women employees are already getting periods leave, while in India, except in two states (Bihar and Tamil Nadu) and a few selected companies in the private sector, this issue of period leave has not yet become a mainstream issue. Have got. Last week, the Hon’ble Supreme Court refused to hear a petition related to period leave, considering it an issue covered under the government’s policy purview, directed the petitioner to approach the Union Ministry of Women and Child Development for this. Regarding this, once again a debate has started in the country on the issue of period leave.

Period leave is a very sensitive issue related to the legal rights of half the population and their health. Significantly, the issue of leave during periods was being debated for a long time in the Parliament of Spain, which was passed with 185 votes in the past. On this occasion, Spain’s Equality Minister Irene Monteiro tweeted – ‘This is a historic day for feminist progress.’ With the passage of the Menstrual Leave Law by the Spanish Parliament on February 16 with a majority, now women will get 3 to 5 days of paid leave every month during periods. Now period hygiene products like sanitary pads and tampons will be provided free of cost in all educational centres, jails and social centres. However, it is also interesting to know that in Europe, where 40 percent of the countries are headed by women leaders, women have not been able to get this facility in any country other than Spain.

There is a provision of period leave in many countries.

According to various media reports, Russia was the first country in the world to ensure women’s basic rights ranging from abortion rights to paid period leave rights, where for the first time in the year 1920, provision of paid period leave was made for women workers. But today this country has lagged behind on all these parameters. Till now more than a century has passed, but only a few countries have bothered to understand the suffering of working women. The provision of periods leave is currently applicable in South Korea, Indonesia, Britain, China, Japan, Taiwan and Zambia. In India, this matter is still entangled between legal provision and policy decisions. However, some private sector companies including the Government of Bihar and Kerala are already giving period leave to their women employees.

view of supreme court

On January 11 this year, a public interest litigation was filed by advocate Shailendra Mani Tripathi in the Hon’ble Supreme Court regarding the implementation of the provision of period leave to women. In this PIL, for the compliance of Section 14 of the Maternity Benefit Act, 1961, the center and all the states had demanded paid leave for girl students and working women during menstruation at their workplace. The basis of the petition was that paid period leave is not a luxury, but an absolutely natural and natural need of women. Lack of sensitivity regarding periods affects the work, productivity and career of women. However, on February 25, the court refused to hear, saying that it was a policy issue. For this, a memorandum should be given to the Ministry of Women and Child Development. Regarding the matter present before the division bench of Chief Justice DY Chandrachud, Justice PS Narasimha and JB Pardiwala, he believed that the participation of women in empowering the country has increased in the recent past. In the present era, women are registering their presence in every field as skilled and unskilled workers. In such a situation, the provision of periods leave can affect the working skills of women and companies can refrain from hiring women. That’s why the Supreme Court has called periods leave as an unprofitable decision for women.

Argument about period leave

There is no menstrual leave policy in India yet, but there are many companies, which give menstrual leave with salary to their employees. As many arguments are there in favor of this issue, there are as many arguments against it. Why is menstrual leave necessary? Are women so weak that they need ‘extra leave’ every month? Will she be able to fulfill the responsibilities of the company in this way? Will this not harm the company? In all the studies done in this direction, it was estimated that the additional burden of giving paid leave of two to three days to women employees would come on the head of the companies, which would affect their productivity and the overall result would be the loss of GDP.

What is the situation in India till now

  • There is a small incident of being given menstrual leave about 110 years ago in India. Historian and noted critic of Malayalam literature, P Bhaskararunni, in his book ‘Kerala in the Nineteenth Century’, mentions that ‘in a school in Ernakulam, women teachers and girl students were given leave during periods’.

  • In January 2023, the Kerala government announced menstruation leave for girl students in all state universities under the Department of Higher Education.

  • In March 2021, the Delhi government also announced to give menstrual leave to women employees, saying that working women can take this leave on any day of the menstrual cycle and this will not deduct the rest of their leave.

  • In the year 1992, the Government of Bihar introduced two days menstrual leave for women employees.

  • In January 2018, a bill named ‘Menstrual Benefit’ was introduced in the Lok Sabha by Arunachal Pradesh MP Nimong Ering, demanding menstrual leave for working women.

  • In the year 2020, the Uttar Pradesh Mahila Shikshak Sangh wrote a letter to the UP Women’s Commission, the Chief Minister and the Prime Minister demanding.

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