Syllabus: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes
Background and Key Features
- Karnataka becomes the first State in India to provide one day of paid menstrual leave per month (12 days/year) to all women employees in both government and private sectors.
- Builds on earlier state initiatives Odisha and Bihar (for government staff) and Kerala (universities).
- Cleared by the State Cabinet, recognizing menstrual health as a legitimate workplace concern.
Policy Formulation
- Drafted by an 18-member committee chaired by Dr. Sapna S. (Christ University) after consultations with medical experts, academicians, NGOs, unions, and employers.
- Global models from Finland and Japan studied before framing the proposal.
- 12 days approved as per original draft; a sub-committee to finalize implementation guidelines.
- Objective: balance well-being and productivity through a structured, inclusive approach.
Medical and Professional Perspectives
- Menstrual experiences vary from mild discomfort to severe conditions like endometriosis, adenomyosis, or fibroids.
- Need for awareness: Many women normalize intense pain, delaying treatment.
- Leave must be optional, stigma-free, and flexible to prevent career bias.
Concerns and Critiques
- Single day may not suffice for all.
- Fear of reinforcing gender bias or employers viewing women as less dependable.
- Requires sensitization of workplaces and monitoring of misuse or discrimination.
- Emphasis on medical education and inclusive HR policies over tokenism.
Judicial and National Context
- Supreme Court PIL sought national menstrual leave rules under the Maternity Benefit Act, 1961, citing global precedents (Japan, Spain, South Korea, Indonesia, Zambia).
- Only Bihar and Kerala currently offer such leave thus reflecting limited adoption nationwide.
- Union Government’s stand:
- No such provision under Central Civil Services (Leave) Rules, 1972.
- No proposal under consideration; existing leave options (earned, maternity, childcare) deemed adequate.
- Supreme Court’s Observations
- CJI-led Bench termed menstruation a biological process but warned that mandatory leave could act as a “disincentive” for employers.
- Stressed non-discrimination in workplaces and education.
- Left the matter for governmental policy study and future deliberation.
Broader Significance
- Promotes gender-sensitive governance and acknowledges women’s physiological needs in policy design.
- Encourages open dialogue on menstrual health, reducing stigma.
- Likely to improve employee morale, retention, and workplace inclusivity.
- Sets a precedent for other States and private organizations to follow.
Conclusion
- Karnataka’s initiative is a progressive and inclusive step toward gender equality and workplace dignity.
- While implementation challenges remain, it symbolizes recognition of menstrual health as a component of employee welfare.
- Future course: balanced national policy, medical awareness, and workplace sensitization to ensure both equality and efficiency.
Q- Discuss the significance of Menstrual Leave Policy in promoting gender-sensitive workplaces in India. (10 marks)