The Supreme Court’s recent observation that a mandatory nationwide menstrual leave could go against women by reinforcing stereotypes and affecting their work opportunities has stirred debate once again. A bench headed by Chief Justice Surya Kant maintained that such a move would reiterate gender discrimination and the idea of women as the ‘weaker sex’, cast a shadow on their capability and harm careers. While the observation may appear regressive, the judges have taken a more realistic view that legislation on the subject would be more prudent than judicial orders.
Karnataka is the first state to have introduced a comprehensive policy mandating 12 days of menstrual leave a year for the public and private sectors. Odisha and Bihar give government employees two days a month, Sikkim offers leave based on medical recommendation and Kerala allows some relaxation for students. Yet, implementation in most places is more in the breach, with several organisations yet to fully adopt the policy. The court has encouraged consultation to find a way forward.
Granting 12 extra days of leave to women would require a liberal and compassionate work atmosphere, or the policy could end up upsetting team dynamics. A series of reality checks is in order. Is India Inc ready to grant period leave to women across grades and sectors? Can women claim special treatment without expecting it to affect their careers? Can organisations with small teams afford such leave? Can domestic, daily wage and gig workers claim it?
Women have fought long and hard for equality at the workplace, pay parity and fair promotions—and most are yet to achieve it. They have broken glass ceilings, blazed trails and taken their place as leaders and decision makers unaided by the comforts of menstrual leave. Former PepsiCo CEO Indra Nooyi famously said that women “cannot have it all” unless they have help. It is also often assumed that women with young children are a liability, though that mindset is slowly changing. In such a scenario, whether mandatory menstrual leave works for or against a woman professional is moot. There is also a section of women which is against this form of entitlement, claiming it would put them on the back foot. Instead of imposing menstrual leave policy on all sectors, a middle path of optional leaves, remote work and flexible timings could be a more workable solution.