A huge debate started among citizens of India when our Minister of Women and Child Development and Minister of Minority Affairs Mrs. Smriti Zubin Irani stated in Lok Sabha that there is “no proposal under the consideration of the government to make provision for paid menstrual leave mandatory for all workplaces.” “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,” said Irani. This has torn the people in two groups discussing whether paid period leaves should be mandated via passing law or policy or not.

A BRIEF INTRODUCTION

A female anatomy is more complex and diverse and still, there are studies going on to completely understand the physiology of female reproductive system. Here, female represents the human bearing XX chromosomes and it may include different sexualities of LGBTQIA+ community. A female with a female reproductive system that includes ovaries, fallopian tubes, uterus, cervix and vagina typically menstruate every month. Menstruation begins on the onset of puberty or other way around when first menstruation occurs it may be considered as the beginning of puberty. Menstruation or commonly known as “Periods” is a biological process in which the thick outer lining of uterus called endometrium sheds with blood and muscles due to failure of fertilization of ovum. In this whole process ovaries secrete hormones called estrogen and progesterone, which balances all this system from formation of endometrium to release of ovum to menstruation and this cycle is repeated for every 24-34 days.

Now it may seem easy but during those 24-34 days or summed up a month, any normal female reproductive organ goes through various changes categorized in three phases follicular phase, ovulation and luteal phase then again menses. In these phases hormonal level changes simultaneously causing changes in body affecting appetite, weight, face, hair, breasts, GIT, nervous system and the reproductive system. However, the most drastic changes are in luteal or pre menstruation and menstruation phase bloating, pain, headache, cramps, emotional distress, increase in appetite, back pain, foul smelling, are commonly seen. For some menstruating females this time is not less than experiencing hell.

According to a survey almost 90 percent female face menstrual discomforts and among them 30-40 percent female experience severe menstrual disorders which hinders their regular lifestyle and create problems to complete their daily chores all around the world. For India 23% female age between 20-29 suffers from severe menstrual disorders according to a survey conducted in 2020 published by A. Minhas. There can be seen an increase in menstrual disorders in recent decades and also the severity associated with it. The primary disorders are amenorrhea that is no bleeding or low bleeding, dysmenorrhea that is painful menstruation, irregular bleeding, Premenstrual Syndrome, Polycystic Ovary Syndrome (PCOS) or Polycystic Ovary Disease (PCOD).

These disorders may happen mainly due to hormonal disbalance either very low production or high production other than that poor lifestyle choices, sedentary routine, unhealthy diets also aid in these disorders, whilst there are many underlying disease or disorders which may cause menstrual disorders such as thyroid problems, anemia, leukemia, any medication side effects, undiscovered miscarriage, fibroids, cysts in ovary, tumors in uterus, infections. So, it is always advised to visit a gynecologist when facing problems with severity, as the symptoms cannot be underestimated due to potential threat underlying it.

INDIA AND MENSTRUATION

It is always said that menstruation is a hush-hush topic in our country. Females face discrimination towards them when they menstruate. A separate room is provided to them, not allowed to enter kitchen of their own home, in regions not allowed to sleep on cotton bedsheets, not to even roam near pickles as it will rot the pickles, not allowed in worship places, not allowed to actively participate in ceremonies, separate utensils are given which are not mixed with common ones and the list goes on. However, this is actually not the pure truth.

• Ancient India and Menstruation

Sanatan Dharma named menstruation as “masik dharma” or as “mahavari”. Both terms have depth in them, masik means monthly and dharma means religious custom that makes life and universe possible i.e., a monthly ritual or duty and the term mahavari is misconceived as mahamari which is utterly wrong. Mahavari is derived from term mahavar which means a red color substance adorned on hand and feet of females during any festive or holy ritual for fortune, mahavari means similar to mahavar.

The original customs for menstruating women were to provide them holidays during the bleeding time of month due to the sufferings caused by it. Females are nurtures and our ancient science knew the complications which were associated with them that’s why “leaves” were given to them. There was no such hygiene during that period so to save themselves from the potential risk of infections females lived separately, cotton bedsheets were hard to clean so silk bedsheets were given for comfort as well, no household work like entering the kitchen as it would take hours to prepare food due to large family sizes and that too with lot of labor, no such gadgets were developed.

And about entering a temple it was assumed that flow of energy in garbha of the temple flows oppositely to that of flow of energy of a menstruating female which may lead to hormonal disbalances and other disorders reported in an article by Mahima Sharma in The Times Of India. Even in some Indian cultures menstruating blood is considered to have potent powers and even respected. In the state Manipur there is ritual in which a girl’s first period blood cloth is preserved and then gifted to her on her marriage, some areas also believe that during this time the energy of menstruating female is so high that it may attract the soul of idol of temple. Our country has holy places like Kamakhya Temple where the female reproductive part “Yoni” (vagina) is worshipped and lakhs of pilgrims visit there each year.

If the terms for menstruation are intended to make the females special and good about them then how the discrimination started and when the concept of unclean and impure was imbedded in our culture?

• The Impact of Colonization

The main impact can be presumably observed during the colonizing period when the British start implementing their laws. Even the word period begun to be used in 18th century when menstruation was considered a sin by older Europeans as it was actually stated in Leviticus 15:19 that a woman undergoing menstruation is perceived as unclean for seven days and whoever touches her shall be unclean until evening and even lying in bed during her period makes the man impure for next seven days. Whereas in contrast our Yoga Shikha Upanishad considered sex during menstruation as “Raj Yoga”. Females were considered utterly pure as goddess during menstruation and no man could dare to touch her against her wish during those days.

Although the thought process and laws were so great in Sanatana Dharma, the colonization severely destroyed the pillars. To be acceptable by then government of British India people started adapting their norms and the policies which were former made for females was to give them goddess treatment were now used as device to humiliate them and the humiliation and shame is still deeply intact with menstruation and the awareness about this still not cross over 40% of Indian population. The taboo associated with it are still preach by many and hygiene and basic knowledge relating to periods are yet not fully dispensed among rural areas.

THE RISE AND REVOLT FOR PERIOD LEAVES

In America rise of female workers started during World War II due to depletion of labor. Although in India due to rise of domestic violence and torture against females in marriages and household, females felt the urge to be independent financially as to fight the concept of patriarchy and the feminist movement of 1960s revolutionized the concept of working culture in India as well. With the beginning of 90s female started engaging in main streams field of STEM as well. Females started educating more and the government also started amending policies in favor of female’s education and employment. Females joined armed forces, mechanical work system, sports and all the areas where it was considered taboo 200 years ago. Still, that was not the end, the female physiology hindered their work life balance, as female and male anatomy is different it was different experience for females to adjust in the work life culture. Menstruation being the major setback in work due to the physical, emotional and cognitive disbalance produced during this time duration and the increase in discomforts thus begun the need to make changes in working environment for them providing paid leaves for females

Before coming to the topic of period leaves, a highlighted summary of maternity leave is should be considered first.

Whenever a female gets pregnant it actually interrupts her career, firing the female is the best option for the company and it is ethically and morally wrong. So, to avoid these instances Maternity Benefit Act, 1961 was implemented. It regulates the employment of women in certain establishments for certain periods before and after child birth and to provide for maternity benefit and certain benefits. In spite of that this law does not provide paternity leave to father and company gave minimum two weak leaves for the father eventually the stress was all over for female. It was observed that it turned out against women. Companies started hiring fewer female employees and almost 10-18 lakh women lost their jobs according to survey of 2019 reported by Mugdha Kalra. For business with low and medium turnovers it makes it hefty for them to grant leave for six months to key employers as of 2019 and led to less hiring of female employees on key roles. Nevertheless, with god’s grace the pandemic gave an alternative option of work from home for the pregnant female employees making beneficial for employees and employers to increase their workload efficiency. So, from this instance it is clear that if it was not an option for work from home maybe more female employees were laid off from top positions in many sectors and were not recruited in numbers as compared to men.

Now coming back to topic, many countries already started implementing policies for paid menstruation leaves. Spain this year created history by being the first European country to implement paid menstrual leave for three days. Japan, Taiwan, Indonesia, South Korea and Zambia the other countries supporting menstrual leaves. Even under the rule of former Chief Minister of Bihar Mr. Lalu Prasad Yadav in 1992 the government provided two menstrual leave per month for female workforce. Even states like Arunachal Pradesh and Kerala are not behind, they also believe to include menstrual leaves and Kerala already implemented for offices and institutes. And even a petition was filed by Advocate Shailendra Tripathi expressing the issue not solely for females but a society concern and need of an hour. Some companies like Swiggy, Zomato, Byju’s, Gozoop, Wet and dry, Magzter provide menstrual leaves.

Here comes the most controversial statement of year by Irani that menstruation should not considered as handicap hence not a paid leave policy which torn the country and even some females are supporting the minister in this. The concept behind paid period leaves is evident due to the discomforts faced by menstruating female during that. And it is true considering the statistics and the severity of the problem.

THE ODDS AND UNDERWHELMING ASPECTS

Although the demand of paid period leaves seems genuine but it has many negative aspects which impacts on society. First and foremost, discrimination on gender basis, just because a female is menstruating providing her pay for not showing will cause a discrimination to the male employer who is working on the same hierarchy as her. When we talk about equality this is not the definition. For some time ago a battle was fought for equal pay at equal hierarchy as the work done was equal by both male and females but if “paid” period leave is implemented this will be injustice to males.

Secondly, any company would hesitate to hire female employees as seen in case of maternity leaves amendment. A company wants an employee working efficiently and effectively, and also over timing for more productivity.

Next teasing of female will surely be there. India is still coming out from this taboo associated with periods and the shame is still haunting the females. There are certain instances where severity of menstruation is neglected and often discarded as joke. In current scenario if a female is upset and remarks the performance bad of any employee working under her opinions are disregarded as mere mood swing but not the incompetency of the colleague’s work. Telling it will make worse as people understanding the situation are negligible in front of mockers. And definitely the fault is in mindset that’s why first the development should be done in the thought process, for making a suitable environment for females.

Exploitation of female employers will eventually occur. Supposedly a female took off next day they might give more work to do or will call for other days, late night shifts, over timing, and sometimes will be targeted more.

An argument can be put forward about work from home culture but that’s only for corporate, documentation work or related to IT sector but when we thought of man forces like sweepers, cleaners, industrial workers, construction workers, armed forces, healthcare services, where physical presence is required, it is near to impossible for those areas. For an example if 100 women is working on a base level of any of the area pointed out of that 44 females would be on paid leave each day of month. That is 44 percent of the workforce would be leave that too paid. (This is calculated on the basis that there is 1.8 billion menstruating population according to UNICEF and almost 800 million females are menstruating per day According to UNFPA.) Will that would be manageable for an area requiring females where already employed to need ratio of female is lacking?

A simple question if the household maid asks for 3 paid period leaves for herself, every month, will the employer that is the landlord or house lord will allow? Even if yes how many will do so? They certainly will make an investment for vacuum cleaners, washing machines and what not because if not work is not done why to pay is the typical mindset of Indian households.

In education system it is observed that 60% female dropout in rural areas due to menstruation and this is not the correct way of dealing this problem. The dropout is mainly due to unawareness of menstrual hygiene and uses of menstrual products, poor sanitation and most importantly low quality of toilets in schools making it extremely unhygienic to use. Leave is not a solution in education and for urban areas the absence of any female student due to severe pain should be treated as medical leaves cause often this is a medical emergency. Same for female employees they may take their provided paid medical leaves during days where the severity of pain is out of the threshold range.

Although most of the menstruation disorders are treatable and related to poor lifestyle choices still if immense pain and other severity is felt; rather than justifying pain of menstruation and just sitting idol, visiting a gynecologist would be the correct pathway and there should be no shame in treating it. If the taboo and fear will not be eradicated within no changes can be made.

Our country’s first priority related to females should be more and better employment and lifestyle and in regards to menstruation, there should be education about hygiene and menstrual products and menstruation; policy should be implemented regarding the “pink tax” that is being paid by every female and that basic sanitation products for females should be tax-free or of minimum taxes and affordable for all and suitable to use with maintaining bare standard quality.

Erasing the myths and taboos and recultivating the original seeds of knowledge mixed with the current scientific aspects will lead to the end of this hush-hush scenario. And eventually, the period leaves will not be a way to exploit and humiliate like it is of today in many households. 

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