Explained | Menstrual leave and its global standing

The story so far: On February 24, the Supreme Court refused to entertain a PIL about menstrual leave for workers and students across the country, calling it a policy matter. The Bihar government, then headed by Lalu Prasad Yadav, introduced its menstrual leave policy in 1992, allowing employees two days of paid menstrual leave every month. The petition called the lack of menstrual leave in certain States as a violation of Article 14, saying that despite the fact that “women suffer from similar physiological and health issues during their menstrual cycles, they are being treated differently in different states of India.” The petition sought a direction under Section 14 of the Maternity Benefit Act, which deals with appointment of inspectors and says appropriate government may appoint such officers and may define the local limits of jurisdiction within which they shall exercise their functions under this law. Now, Congress MP from Kerala Hibi Eden announced that he will be moving a private member’s Bill seeking the right to paid leave during menstruation for working women, menstrual leave for female students, and free access to menstrual health products, in the ongoing Budget session of the Parliament. The Bill titled ‘The Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022’ provides for three days of paid leave for women and transwomen during the period of menstruation.