The Menstrual Benefit Bill is really an effort that seeks to eliminate the mistreatment of females during the menstrual period through providing women with protective employment protections. Also in the year 2020, discussions about the menstrual cycle are still considered inappropriate in our culture. Owing to their normal intransigent menstruation, girls have traditionally subjected to a considerable amount of sexism in a variety of settings. Numerous individuals regard a woman's menstruation as an atheist and a feminine illness, so this issue is usually avoided in the national discussion. Such silence is undermining efforts to raise consciousness about menstruation and promoting the misplaced sense of shame amongst females./'

The need for Menstrual Benefit Bill

Throughout India, females do not have adequate facilities or services to maintain feminine sanitation besides that, during the menstrual cycle, they are prone to opprobrium and bigotry. To address this troubling condition, Mr. Ninong Ering, a Lok Sabha representative from East Arunachal Pradesh introduced a special participant’s act named the Menstrual Benefit Bill, in Parliamentary during the winter quarter of 2017.

Female workers in the government and corporate sectors will be allowed to take two paid vacation days off per month during the menstrual cycle, thanks to a bill introduced in Legislature. This legislation was introduced to provide support to female workers during their cycles and to provide workers with adequate services at the job. This measure also helped them to strike an equilibrium between their healthcare needs and the ability to function.

Menstrual Leave - A Buried Issue

Menstruation break has always been essential in India, but it has also been a topic of debate. Bihar had previously set a good example for the program, giving women educators 2 days of paid holiday per month since 1992. Several countries, including Indonesia, Taiwan, Japan, and South Korea, offer monthly period breaks to women workers. Throughout the menstrual cycle, many females suffer cramps, vomiting, excessive blood, and other symptoms. Female's quality of life is adversely impacted by the discomfort and pain they experience throughout the menstrual cycle. PMS or Premenstrual syndrome significantly lowers workplace efficiency, according to a slew of studies.

Dysmenorrhea, or painful menstruations and menstrual cramps are recognized by physicians all over the world as being as painful as heart attacks. Furthermore, since males and females are physically distinct, reproductive leaves are unquestionably an equal solution. Menstruation holiday, on the other hand, is deemed sexist because it allows female employees to take more time off than their masculine counterparts It is also stated that the concept of menstrual break contradicts the fundamental rights to equity.

The Constitution Of India prohibits the nation from discriminating against citizens based on ethnicity color, class, gender, birthplace, or some of the different indicators. Despite the fact that Article 15(3) of the Constitution Of India empowers the country to render special arrangements for females and kids this is an exception to the general proposition adopted in Article 15(1) of the Constitution.

Inequality must be protected in order to uphold gender fairness in areas whereby sexism towards females has a long history.

The Indian Supreme court has ruled in the case of State of Andhra Pradesh v PB. Vijayakumar, that:
Special provision for women in Article 15(3) sets out the provisions which the state may formulate to improve women’s involvement in all activities under the observation and authority or state, can be in the form of either affirmative action or reservation.

As a result, menstrual break initiatives such as the Maternity Benefit Act (1961) and the Hindu Succession Act (2005) would never be considered to be in violation of Article 15(1) of the Constitutional Provisions. According to Article 42 of the Constitution Of India, the states must-have amenities for ensuring fair as well as compassionate working standards as well as pregnancy relaxation.

Despite the the reality that the legislation has given special protection to female employers within many employment legislation such as the Factories Act (1948), which includes provisions for wellness, holiday, and operating hours the idea of reproductive vacation is absent.

Arguments for Implementation

Today's community has always been unaware of such a problem, and a discussion about it is probably necessary. Humans probably wouldn't be able to find a reasonable approach unless we recognize the differences and give females the respect they deserve. The passage of this legislation must be viewed as a move in the right direction, as it will at the absolute minimum start a conversation about the topic.

Zomato, an Indian online meal delivery service, officially declared that it will give up to ten days of period holiday every year to women workers as part of an effort to tackle the prejudice associated with the problem. The menstrual cycle causes many female problems, which is why they should be capable of operating in a flexible setting throughout their cycle. A day of relaxation at the start of the menstrual cycle will undoubtedly be beneficial to both females and employers because it would ease the way for increasingly happy and efficient employees.

Arguments against Implementation

The proposal had also come up against certain criticism. One amongst them claims that such a proposal will lessen female's ongoing efforts to disprove the notion that girls are sick and disabled because of their menstrual cycle. It is clearer than ever that there is indeed a pressing need to eradicate those ideas as well as discriminatory pigeonholes that exist in our culture.

At the same time, we must be fair and systematic regarding the responses to the matter Regulations must not be restricted mentally; instead, proposals must be formulated in accordance with a thorough critical review. The common opinion of this legislation is that it promotes sex discrimination which would be a deceptive claim. Offering a safer employment climate and opportunities for females is merely a gesture of greater wisdom.

Conclusion
Finally, organizations must be gender-inclusive not just for moral purposes but also to build a much more active and efficient staff. The conversation around females 's health must expand past left to include various types of aid and services which the organization might offer for females, as illustrated earlier.

As much as practical, leave initiatives must be focused on confidence and comprehensive instead of restrictive in essence, while somehow keeping into consideration a few of the particular problems that females experience in traditional societies as well as social structures that influence employees accessibility to water hygiene, as well as other services. Finally, since females are much less in number in the workforce, there is a risk of retaliation against male co-workers, necessitating employers to take precautions by involving males in discussions regarding equality and fairness.

Sources:

• Belliappa, J.L., 2018. Menstrual Leave Debate: Opportunity to Address Inclusivity in Indian Organizations. Indian Journal of Industrial Relations, 53(4
• Weiss-Wolf, J., 2017. Periods gone public: Taking a stand for menstrual equity. Simon and Schuster.
• Chancellor, V., Journal Of Indian Law And Society.

Award Winning Article Is Written By: Ms.Sarah Azad - BA LLB Hons 1st Year, NMIMS School of Law, Bangalore

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