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3rd May 2024 (14 Topics)

Recognise ‘this leave’ as a woman’s right

Context:

The issue of menstrual leave has gained prominence in India.

Progressive Changes in India and Asia

  • Progressive Indian States: States like Kerala and Bihar have a history of recognizing the need for menstrual leave, with Kerala introducing menstrual and maternity leave for students above 18 in 2023.
  • International Comparison: Several Asian countries, including Japan, Indonesia, and South Korea, have implemented menstrual leave policies, while India's progress in this regard remains limited.
  • Global Initiatives: International organizations like the International Labour Organization and the World Health Organization have advocated for menstrual leave as a women's right, but India's recent Social Security Code does not include provisions for menstrual leave.

Greater Gender Sensitivity Needed:

  • Supreme Court's Response: The Supreme Court of India declined to entertain a public interest litigation on menstrual leave, stating that it falls within the policy domain of the government.
  • Addressing Gender Inequalities: Policy solutions addressing gender inequalities, including menstrual leave, are essential for promoting equity and challenging socio-cultural taboos.
  • Impact on Women Laborers: Lack of menstrual leave can have adverse effects on women laborers' health and livelihoods, highlighting the need for legislative reforms to protect their rights.
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