Context: 

Recently, the Supreme Court stated that menstrual pain leave has various aspects. Although it is a biological process, it may also discourage employers from hiring women.

Petitioner views: 

• He had sought a direction from the court under Section 14 of the Maternity Benefit Act, 1961.
• Section 14 of the Maternity Benefit Act, 1961, says that there will be an inspector for a particular area to monitor the implementation of provisions; however , no government in India has created the post of inspectors.
• It said the various provisions of the 1961 Act recognise and respect motherhood and maternity of working women.
• “In spite of provisions to take care of women in difficult stages of her maternity, the very first stage of the maternity, the menstrual period, has been knowingly or unknowingly ignored by society, the legislature and other stakeholders in society except a few organisations and State governments,”.

Menstrual Leave:

• A type of leave where a woman may have the option to take paid leave from her employment if she is menstruating and is unable to go to work because of this.

Provision in the World: 

• Countries like the United Kingdom, China, Wales, Japan, Taiwan, Indonesia, South Korea, Spain and Zambia were already providing menstrual pain leave in one form or the other.
• Many Asian countries have policies on period leaves, the earliest being Japan which passed a law way back in 1947. South Korea did that in 2001.
• Private sectors like Nike and Zomato introduced a “period leave” policy for women.

Provision in the India:

• In India ‘States’ govern the subject of health and their experience has varied. 
• Bihar and Kerala are the only States which allow menstrual paid leave to women.

Conclusion: 

Government needs to focus and take steps on the respective subject as Article 14 of the Indian Constitution (right to equality) is being violated since some states have menstrual leave policies in place while others do not.

News Source: The Hindu

DOWNLOAD PDF