RGNUL Legal Aid Clinic proposal on Menstrual Leave

“Agreed, with hard work and persistent effort it is indeed possible for women to do the same
things and gender doesn’t necessarily deter us from setting professional goals. But periods
sometimes do”. Indira Nooyi, - Chief Executive Officer of Pepsico.

Menstrual cycle Biological Genesis

The menstrual cycle is a natural occurrence that ensures a woman's body is in good health.
Regardless, it is accompanied with anxiety and excruciating torment.

1. Menstrual symptoms: include illness, fever, and shortness, as well as lack of fixation,
sluggishness, impaired energetic control, and so on, all of which have an undeniable
impact on a woman's appearance.
i. Women reported that, on average, their menstrual symptoms moderately affected
their daily lives in a study of 762 participants, showing that 71.5 per cent believed
dysmenorrhea to be a normal part of life for women.
ii. A 2017 study on Dutch women also showed that "productivity was below par on
more than 23 days of the working year with lost productivity totalling about nine
days every year". This study also found that women experiencing menstrual
symptoms were less productive for a third of the time (33 per cent).
2. While it may be a normal and painless natural process for some women, several women
face debilitating conditions in relation to menstruation such as PCOS, PCOD and ovarian
cysts, among others. The extreme pain that women experience during that time has a
negative impact on their mental and physical wellbeing.
3. Menstruation, according to one Australian study, can cause an increase in body
temperature and cardiovascular strain, which can have a negative impact on women's
performance. Women's energy levels may also be reduced, though this varies from
woman to woman.
i. As per the study conducted by University College London, the pain that a person
with a uterus goes through while menstruating is equivalent to the pain a person
experiences during a heart attack.

Menstrual Leave
Menstruation brings pain, emotional problems, discomfort, and other health issues that make it
difficult for people to work. Many advocate a day or two leaves each month to alleviate this
discomfort. Menstrual leave refers to a specific form of time off for those who experience period
pains. It recommends that workers be given leave from work while menstruating, just as they
would for any illness. These leaves are not covered and are taken in addition to the usual sick
leaves provided to all employees .

Covers:

All menstruating people enrolled under Undergraduate and Post graduate Programme.

Right to self Perception:

The right of self-perception of menstruation is vested in the menstruating people. It means that a
person can themselves perceive the arrival of the menstrual cycle and take leave accordingly.

Legality behind Menstrual Leave

Articles to be taken under consideration in Constitution of India, while implementing Menstrual

leave:

Article 21: Right to health

Article 39(e) of the Directive Principles of State Policy directs the State Policy to secure
"the health and strength of workers, men and women".

Analysis of Menstrual leave by Hon’ble Supreme Court of India& U.S

The Supreme Court has ruled in a number of cases that "Right to Health" is still a guaranteed
right under Article 21. Since menstruation is a serious health issue that can affect a woman's
well-being as a whole, and since women experience menstruation and do so involuntarily,
menstrual leave is arguably crucial for women.

Article 39(e) of the Directive Principles of State Policy directs the State Policy to secure "the
health and strength of workers, men and women". Through a series of judicial precedents set out
by the Supreme Court, one could derive that the Right to health is an intrinsic part of the Right to
life guaranteed under Article 21

1. Case: Delhi Labour Union vs UOI &Anr:A petition was filed in the case Delhi Labour
Union vs UOI &Anr requesting the right for all female employees to take four paid days
off each year for menstruation. The decision as representation must be made in
accordance with the rules and practicability, according to the Delhi High Court. The
authority is violating the human rights of women by not providing them with adequate
sanitation. A woman has no control over the natural and biological phenomenon that is
menstruation and the difficulties it brings.

2. Case: Nevada Department of Human Resources vs Hibbs,:In Nevada Department of

Human Resources vs Hibbs, the US Supreme court laid down the ruling that a workplace
should take into account differences that exist between men and women and substantive
reforms must be made by way of legal intervention and structural changes to
accommodate women and their needs. The very recognition of the problems that women
face during their time of menstruation would provide female employees with satisfaction
and better productivity at the workplace.

3. Case: Consumer Education and Research Centre vs. Union of India (1995):The right to
health and medical aid to provide and protect the health of workers was made a
fundamental right in the case of Consumer Education andResearch Centre vs. Union of
India (1995). The Right to life is not merely having an existence in this world but it has a
broader aspect of having the bare minimum necessities and conditions required by an
individual to have a sound and healthy life which includes the right to hygienic living
conditions and basic sanitation at the workplace

Menstrual leave Status in India

1. Bihar Government : Since 1992, the Bihar government has granted two days of period
leave to female employees. Women can choose which two days of the month they want
to work without having to justify their choice.
2. Kerela Government school: Similarly, a Kerala girls' school has provided menstruation
leave to its students since 1912. Kerala Government announced that it will grant
menstrual leave to female students at state universities under department of higher
education.
3. Zomato : In the corporate world, companies like Zomato, Mathrubhumi (Malayalam
News Channel), Wet and Dry (New Delhi based organisation) have introduced the the
menstrual leave policy in their organisations.

Criteria:

Menstrual leave can be granted following the same model as CUSAT, Kerala. An additional
2% of condonation of shortage of attendance to menstruating students, in each semester can
be granted. The condonation would be different for each student as it would depend on their
attendance. Each menstruating student can claim two percent of their total attendance as
menstrual benefit. That’s why the exact number of leave need not be mentioned.

RGNUL Legal Aid Clinic proposal on Menstrual Leave

RGNUL Legal Aid Clinic menstrual awareness campaign:

1. RGNUL Legal Aid Clinic has been conducting Menstrual awareness campaigns for half a
decade now, in order to implement a change in the outside world a step should be taken at
home first.
2. Menstrual Leave Circle: Female, transgender and non-binary students should be granted
menstrual leave on the basis of the criteria decided by university as a matter of right.
3. Right to equality and equal behavior (Art14.): It should be kept in mind that the
menstrual leave policy is not aimed to encourage discriminatory behavior at the
university rather the objective is to be more equitable, fair and just. Coming up with a
policy on Menstrual Leave and implementing it would be a big milestone in achieving a
gender-inclusive society which would provide menstruating students with a safety net
against the vicious society that stigmatizes menstruation.
Hence, Menstrual leave could be an opportunity for women to speak up about their menstrual
cycle and to recuperate or receive treatment in the case of health issues related to the
menstrual cycle.