Women and Child Development Minister Smriti Irani has a point. Introducing a paid menstrual leave policy can lead to discrimination against people who menstruate — but that’s because the employer is the problem.
Irani’s statement takes the side of the male employer, not the menstruating employee. If she were truly interested in ending discrimination against a menstruating workforce, then she would be implementing a policy with strict provisions against victimisation.
Period leave isn’t such a controversial idea. It’s been introduced before and implemented successfully — Bihar and Kerala already offer menstrual leave policies. In Bihar, it has been nearly three decades since the Lalu Prasad Yadav government gave employees two days of paid menstrual leave a month. Kerala’s case is more recent: In January 2023, the state granted menstrual leave for all students in government institutions.
There are other examples too — Japan introduced the policy as far back as 1947. Spain became the first European country in February 2023 to pass a law giving women three days of paid menstrual leave, which can be extended to five days.
So, while Irani’s observation takes into account the taboos and stigmas around menstruation, it’s not fair for the central government to simply turn a blind eye to a very real problem affecting the physical and mental health of a significant chunk of the Indian workforce.
As a Cabinet minister, she should be making sure that companies don’t discriminate against those who experience acute pain every month.
Not a handicap, but a hassle
Irani’s statement was a response to a question by Rashtriya Janata Dal (RJD) member Manoj Kumar Jha in the Rajya Sabha.
“As a menstruating woman, menstruation and the menstruation cycle is not a handicap, it’s a natural part of women’s life journey…We should not propose issues where women are denied equal opportunities just because somebody who does not menstruate has a particular viewpoint towards menstruation,” the minister said.
But how does one begin to change such “particular viewpoints” without challenging the stigma around it? Codifying by law is an important social step toward ending such stigma — so why not implement a policy that protects the menstruating employee?
Anyone who experiences dysmenorrhea (or period pains) knows how debilitating the pain can be.
It’s also a condition that, like polycystic ovary syndrome (PCOS), is incredibly common.
It’s something that people endure and live with. It might not be a handicap by definition, but it’s certainly a huge hassle. Not everyone has access to pain medication — and now that the govt has issued a safety warning against every menstruating person’s best friend, the inimitable tablet Meftal Spas, it might be even more difficult.
It’s an unavoidable part of life that most people work through anyway. So why not allow for some rest as and when they need it? Empowering a workforce to care for themselves adds to their productivity and doesn’t take away from it.
Stigmatised part of life
The taboos around menstruation already permeate every part of our lives. And yet, menstruating people have worked through their periods. Many don’t have the luxury to take the day off.
Irani’s statement wouldn’t be surprising if she were a man — but then again, no uterus, no opinion. She’s simply articulating the difficulties of being a woman in a male-dominated workplace, though not very sensitively. But just because period leaves never used to happen doesn’t mean that they should not happen. As work and the nature of work evolves, so should our response to it — and women in positions of power should pave the way for those following in their footsteps.
Period leaves might be lower down on the government’s list of priorities when compared to other labour issues, but it only goes to show how women’s bodies have historically been policed and misunderstood.
If only the Cabinet minister had taken on the perspective of the menstruating employee and not her male employer.
Views are personal.
(Edited by Humra Laeeq)
Smriti IraniJi is right: paid menstruation leave will be misused on the one hand by all those who have no problems while menstruating – which is the vast majority of women! If a woman has physical or mental issues while menstruating (or before), she should see a doctor and get sick leave. As easy as that. Especially well educated/skilled women will suffer because employers hesitate to take them in, considering that they may be absent on paid leave 3-4 days every week. Also: what about unskilled women labourers, for example cleaning women? People will employ only those above 50 years or else, illegally, get the work done by children!