INTRODUCTION

Menstruation is a monthly cycle that every woman undergoes. The cycle of menstruation usually starts when a girl reaches the age group of 11 to 14 years and it ends after the woman attains the age of 45 to 50 Years. A normal cycle of menstruation lasts between 3 to 5 days. During menstruation the body of a woman prepares itself for pregnancy.

However, every woman has different experiences during menstruation. For some woman it is like a normal day where she does not face any problem on the other hand for some woman the experience is not very good as they might face heavy bleeding problem, leg, back or stomach cramp, excessive mood swings, bloating, etc. This is the reason why many women are not able to focus completely on their work. For example, they are not able to complete their task on time, not able to interact with the clients, etc. Also they cannot skip their work or take a leave from job in the fear of losing their job. This is the reason for many women that they are left behind their male counterparts.

Hence many people argue that several steps must be taken to solve this issue that a woman faces in the workplace during menstruation. For this many people suggests many different ideas. In this blog we are going to see some of the ways that might be taken by the government or the companies that can further help in empowering woman and also the provisions that are there in the Indian legal system that tells about women's right to a healthy and favorable environment during menstruation.

DIFFERENT SUGGESTIONS FOR WORKPLACES REGARDING MENSTRUATION

1. Distribute Sanitary Napkins

The company should install Sanitary napkin vending machine for their female employees. This should be done because many women do not feel comfortable while asking for sanitary napkins. So this step will help those women who feel awkward in asking for sanitary napkins.

2. Interactive Session for Women

An interactive session must be arranged on regular basis to hear the problems that a woman faces in her workplace. This session will create a more gender friendly environment in the workplace because women will be able to disclose their problem and the company will try to solve the problem and this will create a safe place for woman. Also seminars can also be arranged to spread knowledge about hygiene and do's and don'ts during menstruation.

3. Paid Menstrual Leave Policy for woman

Paid menstrual leave is the time-off that a woman takes during menstruation. In India currently there is no legislative provisions regarding menstruation. However, there is a debate between those who supports the paid menstrual leave and those who oppose the leave.

  • Arguments by those who supports paid menstrual leave policy: According to them who supports menstrual leave, it is important so that female can give their 100% to their work and they do not have any fear of losing their job if they take break or are not able to perform their best because of menstruation. Dr. Surbhi who is a gynecologist and president of Sacchi Saheli says that every woman does not have same experience of menstruation, many are able to handle themselves while others may need to be admitted to the hospital. According to her, this is the reason why it is difficult to create laws that are same for every woman. So at least she should have the option to take a leave if she is facing severe problems during menstruation.
  • Arguments by those who oppose paid menstrual leave policy: According to them who oppose paid menstrual leave policy, a woman might hesitate to take leave because their male counterparts and even female counterparts who do not avail the leave can think about those who are taking the leave as being getting advantage over them. A woman might face discrimination because of the paid menstrual leave. Also woman have to disclose about their menstruation to their senior to take the leave which could be awkward for some women.

Also Union Women and Child Development Minister Smriti Irani has recently said in the parliament that paid menstrual leave could result in discrimination against women in the workplace. She further said that menstruation is a normal phenomenon in a woman's life and not a disability.

  • What steps has been taken yet?
    • Menstruation Benefits Bill, 2018 was introduced to provide 2 days leave to woman during menstruation. But the bill has not got assent yet.
    • Menstrual Hygiene Scheme was introduced by Ministry of Health and Family Welfare with the purpose of promoting menstrual hygiene among girls of 10- 19 years of age in rural areas.
    • Bihar is providing 2 days' menstrual leave to the women since 1992.
    • Kerala has provided menstrual leave to the female students of state universities.
    • Zomato gives 10 days per year of paid period leaves to its female emplyees. Swiggy and Byjus have also started to provide similar leaves to its female employees.

4. Work from Home during Menstruation

According to some of the people, women should be provided work from home option during their menstruation period. This will not hamper the work and will provide rest at the same time. Ghazal Alagh who is the co- founder of Mamaearth also tells about this alternative to paid menstrual leave.

LEGAL PROVISIONS RELATED TO MENSTRUATION IN INDIA

  1. Article 39(e) of the Indian Constitution- It directs State policy to secure "the health and strength of workers, men and women".
  2. Article 47 of the Indian Constitution- It states that it is the "duty of the State to raise the level of nutrition and the standard of living and to improve public health."
  3. Article 21 of the Indian Constitution- The term 'life' in Article 21 is not mere animal existence, but it has a broader meaning that includes the right to livelihood, better standard of life, hygienic conditions in the workplace.
  4. In the case of Consumer Education and Research Centre vs. Union of India (1995), the Supreme Court held that access to health care and medical treatment is a fundamental right because these things are necessary to provide workers a dignified existence. Further, the ruling states that Article 21 covers menstrual health and sanitation also, providing women with the resources that they need to work with dignity.

CONCLUSION

In India, Menstruation is still considered a taboo, women are taught from their childhood not to talk about menstruation. A woman faces many problems not only physical but also social during menstruation like not entering the kitchen or not touching several things during menstruation. However, after facing so many challenges now India is developing and people have started talking about menstruation and the problems related to menstruation. So this the time that we consider taking steps to encourage woman to work more and more outside their homes and, menstruation do not become the reason for their failure. A woman already faces a lots of problem in achieving their goals and after they achieve their goals period should not hamper their growth. Providing Menstrual leave will be a great step towards women empowerment and also in breaking the social stigma related to woman. It is not necessary that every woman needs a menstrual leave, it is just that the women must have the option to either take menstrual leave or work from home so that if any woman is going through severe problem she could take rest at home without hampering their work. Many people think that these type of steps are discriminatory, however Article 15 of the Indian Constitution provides that state have the authority to make special laws for the betterment of women. Hence the government can make policies that are related to menstruation for the betterment and empowerment of woman.

REFERENCES

  1. https://indianexpress.com/article/health-wellness/smriti-irani-opposes-paid-menstrual-leave-women-painful-symptoms-9068421/
  2. https://www.medicalnewstoday.com/articles/menstrual-leave#how-it-can-help
  3. https://www.indiatoday.in/trending-news/story/mamaearth-co-founder-ghazal-alagh-period-leave-debate-smriti-irani-2476384-2023-12-15
  4. https://www.betterhealth.vic.gov.au/health/conditionsandtreatments/menstrual-cycl

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.