UPSC EDITORIAL ANALYSIS : Recognise ‘this leave’ as a woman’s right
Kartavya Desk Staff
Source: The Hindu
• Prelims: Menstruation, Parliament, Menstrual leave, MP, dysmenorrhea, menstrual hygiene products, ILO etc
• Mains GS Paper I & II: Social empowerment, development and management of social sectors/services related to Education and women empowerment etc
ARTICLE HIGHLIGHTS
• Member of Parliament (MP) from Tamil Nadu, introduced a Private Member Bill named, ‘Right to Menstrual Hygiene and Paid Leave Bill, 2019.
• It sought to bring menstrual leave into the ambit of the rights of a woman A refusal of such leave into the domain of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
• A refusal of such leave into the domain of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
INSIGHTS ON THE ISSUE
Context
Menstruation:
#### ● It is the breakdown of the uterus’ endometrial lining and blood vessels, resulting in a liquid that is expelled through the vaginal canal.
#### ● The menstrual flow lasts for three to five days.
#### ● Menstruation occurs every 28/29 days in human females.
#### ○ If the released ovum is not fertilized, menstruation begins.
What are menstrual leaves?
• Menstrual leave refers to a specific form of time off for those who experience period pains.
• Workers are given leave from work while menstruating, just as they would for any illness.
• These leaves are not covered and are taken in addition to the usual sick leaves provided to all employees.
• In India, there is no legislative provision for menstrual leave.
Key Features of Bill:
• The Bill stipulates that every woman shall be entitled to the right to self-perception of her menstruation, including but not limited to: menarche (first menstruation) menopause menstrual cycle primary or secondary dysmenorrhea (menstrual pain).
• menarche (first menstruation)
• menstrual cycle
• primary or secondary dysmenorrhea (menstrual pain).
• The Bill sought remedies in the form of: Rights, including paid leave for three days Right to leave or absence for three days for students above class eight Right to 30 minutes rest twice a day during the menstrual period for employees/workers Right to menstrual hygiene management facilities and equity for all women.
• Rights, including paid leave for three days
• Right to leave or absence for three days for students above class eight
• Right to 30 minutes rest twice a day during the menstrual period for employees/workers
• Right to menstrual hygiene management facilities and equity for all women.
Other such bills:
• Congress MP from Arunachal Pradesh, introduced a private member Bill on menstrual leave in 2017 (the Menstruation Benefit Bill, 2017).
• Congress MP from Kerala, introducing The Women’s Sexual, Reproductive and Menstrual Rights Bill, 2018.
• Congress MP from Kerala introduced a private member Bill titled The Right to Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022.
Steps taken by States:
• The Kerala Sahitya Academy(Kerala in the 19th Century)mentions that Kerala was the first (in then Cochin State) to recognise the need for “ period leave” for students and allowed it during examinations in 1912.
• Kerala has encouraged the use of other menstrual hygiene products and made them available for students.
• Bihar(1992) allowed government employees two-day menstrual leave.
• Kerala(2023) introduced menstrual and maternity leave to all students above the age of 18.
Steps taken by other countries:
• Japan introduced menstrual leave in 1947
• Indonesia in 1948
• South Korea. Taiwan and Vietnam have implemented paid leave.
• Several international organizations have promoted menstrual leave as a women’s right. An International Labour Organisation report(2003): nations to recognise menstrual leave. The World Health Organization recognised a non-governmental organization driven World Menstrual Hygiene Day on May 28 from 2014.
• An International Labour Organisation report(2003): nations to recognise menstrual leave.
• The World Health Organization recognised a non-governmental organization driven World Menstrual Hygiene Day on May 28 from 2014.
Challenges in India:
• India’s new code on Social Security, 2020 has not included the aspect of menstrual leave in its code.
• Women laborers in the sugarcane fields of Maharashtra and agricultural laborers in Telangana have been documented to have hysterectomies as menstrual-related absences could endanger their livelihoods.
Way Forward
• Mahatma Gandhi National Rural Employment Guarantee Act and laws governing industrial labor and other establishments must recognise menstrual leave like the way progressive gig worker platforms such as Swiggy and Zomato have.
• Policy solutions to gender inequalities that are defined by differentiated gender experiences of women owing to socio-cultural and biological reasons will not only ensure equity but also bring new social change.
• The instrumentality of public policy and discussions on menstruation lies in shattering taboos creating a gender-sensitive world that is open to issues which are hitherto considered to be clandestine by conservative-gendered social standards.
• creating a gender-sensitive world that is open to issues which are hitherto considered to be clandestine by conservative-gendered social standards.
QUESTION FOR PRACTICE
What are the continued challenges for women in India against time and space?(UPSC 2019) (200 WORDS, 10 MARKS)
Discuss the positive and negative effects of globalization on women in India.(UPSC 2015) (200 WORDS, 10 MARKS)
Editorial Analysis – 3 May 2024