Menstruation and Paid Leave

Context:

The Sabrimala temple controversy dominated our collective awareness. It was incomprehensible that women experiencing menstruation were considered ‘impure’ and prohibited from entering the temple. This case underscored the ongoing struggle to eradicate discriminatory practices associated with menstruation and advance gender equality. However, advocating for paid leave during menstruation tends to undermine this effort.

Relevance:

GS-1

• Issues Related to Women
• Social Empowerment

Mains Question:

Paid leave for menstruation may create awareness on the subject but could end up widening the gender gap. Comment. (10 Marks, 150 Words).

Sabarimala Temple Controversy:

• Situated in the Western Ghats forests in Kerala’s Pathanamthitta district, the hill shrine is dedicated to Lord Ayyappa and is administered by the Travancore Devaswom Board (TDB).
• The Sabarimala temple restricts the entry of women aged between 10 and 50 years.
• It is believed that the deity, Lord Ayyappa, is a “Naisthik Brahmachari,” and permitting young women to enter the temple is thought to compromise the idol’s “celibacy” and “austerity.”
• The Travancore Devaswom Board asserts that the prohibition on women of menstruating age entering the temple is an integral religious practice for Lord Ayyappa devotees.
• Petitioners argue that the ban imposed on menstruating women from accessing the Sabarimala shrine does not constitute a fundamental tenet of the religion.
• Preventing women’s entry into the temple based on an irrational and outdated notion of “purity” violates the equality clauses in the Constitution.
• It infringes upon women’s right to non-discrimination guaranteed under Article 15(1) of the Constitution.
• It also restricts the religious freedom assured by Article 25(1).
• In 1991, the Kerala High Court upheld the prohibition on the entry of young women into the Sabarimala Shrine.
• The High Court highlighted that the “Naisthik Brahmachari” nature of the deity was a crucial reason for imposing this restriction on young women.
• In a 4:1 decision, a five-member constitution bench of the Supreme Court, in the case of Indian Young Lawyers Association vs. the State of Kerala, has granted permission for women of all age groups to worship in the Sabarimala Temple.
• The Supreme Court, in its ruling, emphasized that ‘devotion cannot be subjected to gender discrimination.’ Chief Justice Dipak Misra, along with Justices RF Nariman, AM Khanwilkar, and DY Chandrachud, formed the majority, while the sole woman judge on the Bench, Justice Indu Malhotra, dissented.
• The petitions challenged the constitutional validity of Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965.
• This rule restricts the entry of women into the Sabarimala Temple and was contested as being ultra vires Section 3 of the Kerala Hindu Places of Public Worship (Authorization of Entry) Act, 1965, which asserts that places of public worship should be open to all sections and classes of Hindus.

Sides of the Argument on Paid Menstrual Leave:

• While menstrual cycles can pose challenges and be almost debilitating for some, collectively categorizing all individuals of a particular gender without considering potential adverse effects trivializes the women’s empowerment movement.
• According to the World Economic Forum’s Global Gender Gap Report 2021, the global gender gap has expanded instead of narrowing. The current situation suggests that it would take the world 135.6 years to achieve gender equality.
• Specifically focusing on the workforce, women earn 84 cents for every dollar earned by men. Female participation in the labor force is considerably lower than that of men, and there are fewer women in leadership positions.
• The addition of mandatory paid leave for periods could further discourage companies from hiring women.
• If the government endorses ‘special status’ for menstruating women, it essentially validates the social stigma surrounding menstruation.
• This could worsen period shaming in a country where a significant portion of the population, both men and women, considers menstruation to be ‘impure.’
• The latest National Family Health Survey (NFHS) report underscores that approximately 50% of women aged 15 to 24 in India still rely on cloth for menstrual protection.
• Experts caution that reusing cloth can increase the risk of contracting various infections, attributing this practice to a combination of inadequate awareness and societal taboos surrounding menstruation.
• Girls often find themselves compelled to leave school or experience social exclusion during their menstrual cycles.
• Advocates for paid leave during menstruation may argue that granting special status aims to raise awareness of the issue.
• However, there are concerns that this could inadvertently magnify the problem. While well-intentioned, it might end up widening the gender gap instead of narrowing it.

The Japanese Scenario:

• Countries like Japan offer leave for painful menstruation, but it is predominantly unpaid and often goes unused. Women express hesitancy in taking this leave and openly discussing their menstrual status due to concerns about potential sexual harassment.
• Despite the introduction of this policy in Japan over seven decades ago, current data indicates that only 0.9% of women in the workforce actually utilize menstrual leave days.
• According to the World Economic Forum’s 2019 ranking, Japan was positioned at 121 out of 153 countries in terms of gender equality, and it has further slipped to the 125th position in 2023.
• It’s noteworthy that, despite higher education levels among young women in Japan compared to men, workplace disparities persist. Women in Japan are less likely to secure employment, even with equivalent credentials, and often receive lower pay.

Issues with Implementation:

• Let’s consider the implementation of paid leave for periods. Determining when such leave is genuinely needed and preventing potential misuse poses challenges. Moreover, establishing acceptable enforcement methods for employers becomes another issue.
• In 2020, an incident in Bhuj, Kutch, Gujarat, saw 66 girl students forced to strip to check for menstruation. This incident echoes a similar occurrence in 2017 in Muzaffarnagar, where 70 girls in a residential school were compelled to undress by staff to verify menstrual status.

Ongoing Struggles:

• In recent times, women have struggled to secure front-line positions in warfare. The Supreme Court of India has even urged the government to ensure equal evaluation for women, subjecting them to the same testing standards as men.
• In response, the government contended that women are unsuitable for ground combat roles. Within corporate organizations, women are actively advocating for equal pay, matching that of their male counterparts.

Conclusion:

As a society, we need to comprehend the issue and empathize with the challenges posed by period pain and symptoms. However, categorizing it as an across-the-board biological disadvantage is not suitable. It is crucial to acknowledge the diverse nature of menstrual experiences. Tailoring support and adopting an accommodating approach on a case-by-case basis fosters inclusivity while addressing the individual needs of those navigating through challenging menstrual periods.