Panel to recommend menstrual leave policy, legislation to Karnataka government

A Committee set up to study and recommend the feasibility of implementing menstrual leave in the private sector is set to recommend a menstrual leave policy for Karnataka, with one-day menstrual leave per month, besides recommending a legislation — The Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill — to be passed by the State Legislature to provide teeth to the policy.

The draft recommendation of the 18-member committee headed by Dr. Sapna Mohan, Associate Dean at the School of Law at Christ University, is ready to be finalised in the next few days and submitted to the Government. The recommendations would be further deliberated at the government level.

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The Committee has been asked to see the feasibility of implementing menstrual leave in the private sector in the State, including the garments and IT industry. The terms of reference, leaving out women in the Government sector, besides Asha and Anganwadi workers and those in Home Guards, has raised eye brows.

The ‘right of the women’

Among others, the draft recognises the leave as a “right of the women” and recommends paid menstrual leave, to be treated confidentially, to all female employees within the age of 55 years and no medical documentation is needed to avail of the leave. It also recommends that the Government bring appropriate penalty clauses to those denying the leave.

“In India, menstrual leave remains a voluntary initiative rather than a statutory requirement under current Labour laws such as the Maternity Benefit Act, 1961. Recent legal developments, including a Supreme Court decision directing stakeholders to address menstrual pain leave through policy frameworks rather than court mandates, highlight the evolving nature of this issue. Despite the absence of legal compulsions, many employers are increasingly recognising the importance of menstrual health as part of comprehensive employee welfare and retention strategies,” noted the draft recommendation. 

Also read: Reducing pain: On menstrual leave

Mixed response

The deliberations evoked mixed responses with some objecting to the menstrual leave policy arguing that it could inhibit women’s employment, which is already low. Not only would it stigmatise and depict women as weak, but even monitoring its implementation in the unorganised sector is difficult, members felt. It has also been pointed out that it would make no sense to give one day’s leave in a month when all women have periods for three to five days.

Though a majority of members supported the idea, the Labour Department officials have recommended five or six days additional sick leave in a year that could be utilised for menstrual issues, instead of labelling a separate leave as menstrual leave. Also, 12 days’ menstrual leave in a year, it was felt, would lead to production loss.

However, those who have expressed support suggested that it was important to provide rest, and access to a supportive social environment in order to achieve menstrual health for women. Implementation of menstrual leave will lead to institutionalising the rationality and biological nature of menstruation, they argued.

It has also been pointed out that the same arguments had been put forward against maternity leave across the world. The focus should be on macro-economic benefits by encouraging greater women participation in the labour force rather than micro-economic decisions that individual firms may take, they have said.