Menstruation is a topic that is not talked about as much as it should be. The taboos and myths associated with it are uncountable, making it difficult to bring it in conversations. In August, Zomato announced ten days of paid leave per year to menstruating workers. A buzz was created on social media with people discussing period leaves.
The first contribution that the announcement made was to bring the talk of menstruation into a public conversation. A lot of debate happened on merits, demerits, loopholes, the need for period policy, and it might have helped many to understand periods better and make their opinion.
However, this is not the first time the topic came into discussion. In 2018, the ‘Menstruation Benefit Bill‘ was proposed in the Parliament. It included the provision of providing two days of paid menstrual leave each month to women working in both the public and the private sectors. The bill also proposed the provision of adequate rest facilities for women at their workplace during menstruation.
But at that time, too many people raged against it, giving arguments that many women will misuse the policy. Yes, we are aware that these leaves will be availed by few as an exemplary excuse to miss work, but it does not mean that the one who really needs it will be kept suffering because of them.
In criminal law, Blackstone’s ratio (also known as the Blackstone ratio or Blackstone’s formulation) is the idea that; it is better for ten guilty persons to escape than make one innocent person suffer. If the same is applicable for all heinous crimes, then how can we not let the real, needy benefit from it?
Is it to allow a large number of people to suffer because few might misuse the solution? Can we have trust women as professionals as would have been possibly done had it been men? One could also talk about the typical stereotypes that are associated with women and ask if the contention regarding ‘Menstruation’ would be the same if men had it too.
Also, it needs to be understood that the menstrual experience is not the same for all women. Different bodies respond differently to the pain and discomfort experienced during menstruation. Women with conditions like PCOD, PCOS, endometriosis, etc. experience excessive pain which makes them very difficult even to move but could not take leave in fear of losing their job or losing a day’s pay which will affect their livelihood.
Dysmenorrhea (painful periods) is extremely common, and it may be severe enough to interfere with daily activities in up to 20 % of women. And some don’t suffer extreme pain every time but have their productivity impacted or feel discomfort in other ways. Given the difficulties and biological complexities that women go through, it is essential that such a Bill be passed and women be given every right to avail of this leave when required.
It is essential to remind ourselves that when we talk about equality at the workplace, it means equality of all working conditions for men and women and not just those that can be accepted or rejected based on convenience. Conditions based on equity require a workplace to be considerate of the needs of the diverse people than apply a one-size-fits-all approach.
It’s as simple as a person with special needs might need a platform to move in around his ‘wheelchair’, the office will ensure the work environment appropriate for their wellbeing, (because we have laws to safeguard the special need employees). Similarly, what menstruators are asking for are biological differences like menstruation require some special care, which can never be justified by two-way swords of discrimination & differentiation. For all those who may call this bill as a differential bill, yes there’s a difference but who says it is the negative impact that it hives. This would lead to better productivity and higher morale for working women.
Period leaves also add to the culture of a workplace as it becomes more inclusive. It indicates that the employees are valued and trusted as their needs are considered. Bills and policies like this are steps towards understanding the need of diverse groups (with increasing diversity in the workforce) and helping them in having equal opportunities without compromising because of their bodily needs. And there is no denying the fact that employees put in more effort and find more satisfaction if they feel valued. The work environment needs to adopt changes as per the requirements of participants.
We can create recreational pods at offices to make employees stress-free, but when it’s a woman asking for a health-oriented work culture/environment, it is always met with friction. When will we break free from this Gender prism?
Many organizations that work with values against period leaves were against maternity leaves too. Thus, there is a need to educate and sensitize people, normalizing periods and understating the needs of a person who menstruate; rather than use a uniform scale and say that it will hamper opportunities. The voice demanding rights should not be suppressed because it’s difficult for some to understand the need.
Also, the deep-rooted consideration here is futuristic; it’s like women are now working in every field, where they weren’t in the 1980s, despite the gender bias. Similarly today this bill might look digressive to some but the openness it will bring about in relation to “being able to talk about menstruation” will be nothing but very progressive. Period leaves will lay a path for many more issues and problems of different groups that need to be addressed and to be taken care of.