The Menstrual Benefit Bill
is really an effort that seeks to
eliminate the mistreatment of females during the menstrual period through
providing women with protective employment protections. Also in the year 2020,
discussions about the menstrual cycle are still considered inappropriate in our
culture. Owing to their normal intransigent menstruation, girls have
traditionally subjected to a considerable amount of sexism in a variety of
settings. Numerous individuals regard a woman's menstruation as an atheist and a
feminine illness, so this issue is usually avoided in the national discussion.
Such silence is undermining efforts to raise consciousness about menstruation
and promoting the misplaced sense of shame amongst females./'
The need for Menstrual Benefit Bill
Throughout India, females do not have adequate facilities or services to
maintain feminine sanitation besides that, during the menstrual cycle, they are
prone to opprobrium and bigotry. To address this troubling condition, Mr.
, a Lok Sabha representative from East Arunachal Pradesh
introduced a special participantís act named the Menstrual Benefit Bill, in
Parliamentary during the winter quarter of 2017.
Female workers in the government and corporate sectors will be allowed to take
two paid vacation days off per month during the menstrual cycle, thanks to a
bill introduced in Legislature. This legislation was introduced to provide
support to female workers during their cycles and to provide workers with
adequate services at the job. This measure also helped them to strike an
equilibrium between their healthcare needs and the ability to function.
Menstrual Leave - A Buried Issue
Menstruation break has always been essential in India, but it has also been a
topic of debate. Bihar had previously set a good example for the program, giving
women educators 2 days of paid holiday per month since 1992. Several countries,
including Indonesia, Taiwan, Japan, and South Korea, offer monthly period breaks
to women workers. Throughout the menstrual cycle, many females suffer cramps,
vomiting, excessive blood, and other symptoms. Female's quality of life is
adversely impacted by the discomfort and pain they experience throughout the
menstrual cycle. PMS or Premenstrual syndrome significantly lowers workplace
efficiency, according to a slew of studies.
Dysmenorrhea, or painful menstruations and menstrual cramps are recognized by
physicians all over the world as being as painful as heart attacks. Furthermore,
since males and females are physically distinct, reproductive leaves are
unquestionably an equal solution. Menstruation holiday, on the other hand, is
deemed sexist because it allows female employees to take more time off than
their masculine counterparts It is also stated that the concept of menstrual
break contradicts the fundamental rights to equity.
The Constitution Of India prohibits the nation from discriminating against
citizens based on ethnicity color, class, gender, birthplace, or some of the
different indicators. Despite the fact that Article 15(3) of the Constitution
Of India empowers the country to render special arrangements for females and
kids this is an exception to the general proposition adopted in Article 15(1)
of the Constitution.
Inequality must be protected in order to uphold gender fairness in areas whereby
sexism towards females has a long history.
The Indian Supreme court has ruled in the case of State of Andhra Pradesh v PB.
Special provision for women in Article 15(3) sets out the provisions which the
state may formulate to improve womenís involvement in all activities under the
observation and authority or state, can be in the form of either affirmative
action or reservation.
As a result, menstrual break initiatives such as the Maternity Benefit Act
and the Hindu Succession Act (2005)
would never be considered
to be in violation of Article 15(1) of the Constitutional Provisions. According
to Article 42
of the Constitution Of India, the states
must-have amenities for ensuring fair as well as compassionate working standards
as well as pregnancy relaxation.
Despite the the reality that the legislation has given special protection to
female employers within many employment legislation such as the Factories
, which includes provisions for wellness, holiday, and operating
hours the idea of reproductive vacation is absent.
Arguments for Implementation
Today's community has always been unaware of such a problem, and a discussion
about it is probably necessary. Humans probably wouldn't be able to find a
reasonable approach unless we recognize the differences and give females the
respect they deserve. The passage of this legislation must be viewed as a move
in the right direction, as it will at the absolute minimum start a conversation
about the topic.
Zomato, an Indian online meal delivery service, officially declared that it will
give up to ten days of period holiday every year to women workers as part of
an effort to tackle the prejudice associated with the problem. The menstrual
cycle causes many female problems, which is why they should be capable of
operating in a flexible setting throughout their cycle. A day of relaxation at
the start of the menstrual cycle will undoubtedly be beneficial to both females
and employers because it would ease the way for increasingly happy and efficient
Arguments against Implementation
The proposal had also come up against certain criticism. One amongst them claims
that such a proposal will lessen female's ongoing efforts to disprove the notion
that girls are sick and disabled because of their menstrual cycle. It is clearer
than ever that there is indeed a pressing need to eradicate those ideas as well
as discriminatory pigeonholes that exist in our culture.
At the same time, we must be fair and systematic regarding the responses to the
matter Regulations must not be restricted mentally; instead, proposals must be
formulated in accordance with a thorough critical review. The common opinion of
this legislation is that it promotes sex discrimination which would be a
deceptive claim. Offering a safer employment climate and opportunities for
females is merely a gesture of greater wisdom.
Finally, organizations must be gender-inclusive not just for moral purposes but
also to build a much more active and efficient staff. The conversation around
females 's health must expand past left to include various types of aid and
services which the organization might offer for females, as illustrated earlier.
As much as practical, leave initiatives must be focused on confidence and
comprehensive instead of restrictive in essence, while somehow keeping into
consideration a few of the particular problems that females experience in
traditional societies as well as social structures that influence employees
accessibility to water hygiene, as well as other services. Finally, since
females are much less in number in the workforce, there is a risk of retaliation
against male co-workers, necessitating employers to take precautions by
involving males in discussions regarding equality and fairness.
- Belliappa, J.L., 2018. Menstrual Leave Debate: Opportunity to Address
Inclusivity in Indian Organizations. Indian Journal of Industrial
- Weiss-Wolf, J., 2017. Periods gone public: Taking a stand for menstrual
equity. Simon and Schuster.
- Chancellor, V., Journal Of Indian Law And Society.
Award Winning Article Is Written By: Ms.Sarah Azad
- BA LLB Hons 1st Year, NMIMS School of Law, Bangalore
Authentication No: AP111818352099-28-0421