EMPOWERING WOMEN: THE CASE FOR EXPANDING THE RIGHT To MENSTRUAL LEAVE

DEV YADAV

EMPOWERING WOMEN THE CASE FOR EXPANDING THE RIGHT To MENSTRUAL LEAVE

EMPOWERING WOMEN: In India, the concept of “Menstrual Leave” is gaining attention at forefront level & has also become prioritized topic of discussion. The objective of this project is to explore the multifaceted approach of this discussion by delving deeper into the need, interpretation, applicability & implementation of this highly debated issue.

NEW FRONTIERS AND ITS INTERPRETATION | EMPOWERING WOMEN

Right to have a leave during mensural cycle may be made by extending the ambit of Article 14 and 21. These rights promote dignity, health, and non-discrimination. In India, menstrual pain or dysmenorrhea affects about 70 percent of women negatively; it interferes with their mental wellbeing and productivity. The minimal pain may give birth to interpersonal barriers which in turn makes it difficult for one to benefit from appropriate sanitation.
There are about 355 million women in India (only 12%) who still prefer washing their clothes instead of using sanitary pads. Menstrual pain is as widespread as it is ignored. Article 14 ensures equal treatment for all individuals, including women. Article 21 upholds human dignity and self-determination, ensuring everyone can live with dignity in various aspects of life.

NEED of Menstrual Leave

EMPOWERING WOMEN THE CASE FOR EXPANDING THE RIGHT MENSTRUAL LEAVE
Pexels.com : Photo by Polina Zimmerman

The need for right to menstrual leave can be broadly divided into 4 heads: –

  • Health – About 20% of menstruators in India have PCOS & approximately 25 million suffer from endometriosis (it involves an excruciating condition whereby tissues resembling the uterine lining grow and proliferate in other body parts). Julie Hennegan & Inga T. Winkler has suggested that these figures highlight the acute requirement for complete attention in relation to menstrual health and the acknowledgement of entitlements such as the right to walk away from work when having a period.
  • Disturbance to Profession- Many women advocate paid menstrual leave due to the excruciating pain and disturbance to professional responsibilities that period pain causes. Other symptoms such as fatigue and mood swings exacerbate the pain, significantly hampering a person’s capability to be productive. Menstrual leave could offer such relief that would allow these women rest and manage their menstrual health with respect, fulfil their work obligations and sustain their mental and physical health.
  • Opportunity for women to speak up – Menstruation is still a taboo subject in most societies. By making menstrual leave as a right, it would make easier for woman to talk about their menstruation, exchange their experiences related to this, and get appropriate professional help when they need it.
  • Humane Working Conditions- It was not that women needed rest while menstruating, it was just the lack of humane working conditions that made labour movements push for menstrual leaves.

EXPANSION AS SOLUTION

  • Addressing Gender Disparities: Including the right to leave during menstruation recognizes special difficulties experienced by women and other people that diminish gender differences at the work place.
  • Promoting Workplace Equity: These include providing needed support and accommodations to ensure work progress is never obstructed due to period.
  • Enhancing Well-being and Productivity: Expansion contributes into making the life of individual possible through the betterment of welfare, reduction of absenteeism and increasing productivity that comes due to good management of menstrual health in a decent manner.
  • Aligning with Gender Equality Goals: The recognition and expansion of such a right, is consistent with general social targets of achieving gender equality as well as promoting human rights, thereby encouraging open-minded work environment.

APPLICABILITY

Right to leave during the mensural cycle should extend to most sectors such as workplaces, educational institutions, health care services and society generally. Those who lack knowledge are required to manage their menstruation with dignity in educational institutions, hence there is a necessity of providing facilities like sanitary facilities, access to menstrual health products.

IMPLEMENTATION

Implementing it calls for specific rules, procedures, as well as clear policy guidelines that touch on various areas including the work place, educational institutions, health care, and general sensitization of society.

  • All the organization or company should have policy to provide women with menstrual leaves in their work stations.
  • For instance, a company may offer 1 day per month of menstrual leave or the ability to work from home 1 or more days per month. Some workplaces may also provide “well-being rooms” where menstruators can take a break to focus on their health during working hours.
  • Educational initiatives, community programmes and media campaign must focus on promoting societal awareness and training.
  • Working in gig with women’s rights organizations, health advocacy groups, and gender equality can transform policies, opinions and institute arrangements fostering dignity, autonomy and general welfare.

CONCLUSION

At last, acknowledging the right to leave during periods is essential for creating fair environment at workplaces. The spread, including schools like Dharamshastra National Law University (DNLU) and NALSAR and firms such as Swiggy and Zomato gives people a chance to have their menses’ care decently. It is a lot more than rest. It is about gender equality, human rights, and inclusiveness. We envision a future that does not discriminate on the grounds of normal physiological processes that afflict humanity in general. By tackling matters concerning gender gaps and fostering amiable spaces, we strive towards this goal.

WOMEN’S CORNER

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