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Gender Inclusivity, Sanitary Kits, Clean Washrooms: All That’s Missing From The Menstruation Bill

Written by: Olipriya Roy

When Atticus Finch from To kill a Mockingbird said, ‘You never really understand a person until you consider things from his point of view… until you climb in his skin and walk around in it,’ every individual who menstruates felt it. Those who don’t experience menstrual pain first hand don’t realise the actualities of the situation. 

Menstrual leave is a leave an employee takes when they are menstruating and unable to work or function at their workplace. Menstruation is a topic whispered about more often than debated upon. It is still difficult to talk about menstruation because a lot of individuals think of this bodily function as a rather uncomfortable topic to mention. 

The discussion on the Menstruation Benefit Bill  was started in India by Ninong Ering, a member of the Lok Sabha. The Bill started several discussions about menstrual leaves for individuals who bleed and are a part of the workforce of both private and public sector. 

The Bill provides women working in both public and private sectors two days of menstrual leave each month as well as beneficial facilities at their workplace during their periods. The Bill would even be extended to help individuals who bleed and are in school, from eighth grade and above.

Unfortunately, the Bill is not gender-inclusive. It focuses on women in workplaces alone, whereas menstruation is not inherently a woman’s biological functioning. Trans men also menstruate, and so do gender fluid individuals and demi-gendered individuals. Individuals who don’t identify as women menstruate, but the Bill overlooks this spectrum of menstruators and confines itself to women.

The Bill also makes no mention of individuals who work in the unorganised sector or women who are minimum wage workers. This Bill fuelled a discussion, but it isn’t the first move towards menstruation. In Kerala, girls’ schools have granted menstrual leaves to its students since 1912.

Recent Discussions On Menstrual Leaves

Journalist Barkha Dutt in an interview said, I have a problem with biology-specified medical leave.” She said that she has no problem if medical leave is extended for both men and women. The inherent problem with this statement is that of empathy and lack of inclusiveness. She has not acknowledged individuals who suffer from menstrual disorders and have an extremely tough time dealing with their menstruation. Other genders who bleed, too, have been overlooked, trans individuals who bleed have a difficult time menstruating. They tend to suffer from severe gender dysphoria and also face a lot of societal backlashe when they menstruate.

A Public Interest Litigation (PIL) regarding menstrual leaves was filed by the Delhi Labour Union through advocate Mr Rajiv Aggarwal. The PIL also included details for giving 45 minutes of rest period twice a day to women who are on their periods. This litigation also said that sanitary products as well as clean, separate toilets should be provided to these bleeding individuals.

Individuals should also be provided with emergency menstrual products at their workplace, along with clean washrooms and powder rooms.

The plea goes as follows:

‘There is a stark absence of official recognition for this actual, tangible physical condition that only the female employees have to undergo every month. There is simply no opportunity or agency for the female employees to frankly air their grievances and raises demands for menstrual benefits.”

Zomato, in the year 2020 announced 10 menstrual leaves for individuals who bleed. They recognised that women of their workforce would be shy and take sick leaves instead of directly taking menstrual leaves. But under this initiative, individuals, including trans individuals who bleed, were gives 10 paid leaves. These leaves can be specifically taken when an individual can’t come to work.    

Menstrual leaves have been discussed quite a few times, but the stigma and taboo around it makes the individual who is taking it uncomfortable as well. They might be looked down upon and frowned upon. The leaves should be a choice since some individuals don’t feel extreme discomfort during their menstrual cycle, while others do.

Individuals should also be provided with emergency menstrual products at their workplace, along with clean washrooms and powder rooms. In addition to these materialistic requirements, healthy support towards menstruation and demolition of stigma around periods should be taken up as a responsibility.

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