The necessity of menstrual leave policies in India

By being vocal against the notion of a period leave, the Indian Minister of Women and Child Development has started the conversation about why they are a necessity for the country’s women workforce.

A storm of debate on menstrual leave erupted last week after Minister of Women and Child Development, Smriti Irani, stated during the winter session of the Indian Parliament that ‘menstruation is not a disability’.

Her words have sparked fresh discussion throughout India on whether dedicated leave for painful periods is required to support women in workplaces.

While Minister Irani argues menstruation is a normal biological occurrence, women’s health experts explain not all experience it the same. For many, intense cramping, nausea, migraines, or other extreme symptoms emerge monthly impacting their ability to work.

As per Cleveland Clinic, about 60% of people with a uterus have mild cramps during their period, while 5% to 15% of people report severe period pain that affects their daily chores and activities.

‘I have endometriosis because of which even dosing myself with antispasmodics doesn’t help. The pain leaves me crippled.’ a woman who works for a corporate in Delhi NCR says, adding that ‘while menstruation is not a handicap, it can be debilitating.’

While policymakers deliberately divert the discussion on period leaves by stating the supposed discrimination against employment opportunity rates for women, they don’t address the root cause of moral policing women.

In February this year, the Supreme Court of India refused to consider a PIL regarding menstruation leave for female employees and students nationwide.

Instead, it alluded to the Menstrual Health Products Bill of 2022 – which permitted three days of paid leave for period-related symptoms – as evidence that it isn’t necessary.

Inclusive ‘period leave’ is the ideal approach

More must be done to ensure women are not penalized for their periods. Paid menstrual leave should not be used against menstruators. Hirers should not view them as ‘risky hires’, resulting in discrimination and fewer career opportunities.

The health, self-esteem, and general well-being of those who menstruate can be improved by giving them autonomy in managing their health and wellness with enough rest and agency over other feasible measures as they see fit.

‘Discomfort from being out and about on the road while menstruating is probably one of the most underreported reasons why many women don’t consider delivery to be a viable gig,’ says Mihir Shah, SVP of Swiggy. Schemes that voluntary time off, even for minimum earnings, are few and far between across India’s industries.

There are progressive companies, however, like Zomato and Swiggy who have spearheaded ‘period leave’ policies. These provide all menstruating employees up to 2 days leave per month for their periods without divulging private medical details. Employees have praised the arrangements as sensitive and welcoming.