Mensuration period is a time period in which women of age between 13-45 having
bleeding from their uterus in this duration woman's face Sevier period cramps,
fever, breast pain, heavy blood loses, bloating, lack of concentration, sleeping
problems and physical discomfort.
Every woman faces different health issue
during mensuration periods. This health issue can be very serious or normal it
completely depends upon the health history of the woman's or other mental or
physical issue. This periods pain can lead even death of the woman and suicide
tendency also increase during mensuration periods. so, because of this issue it
is very hard for a working woman to continue her office and work efficiently
during mensural cycle.
Mensuration leave is basically leave of 3 or 4 days in
every month for the female employees many country have already given this leave
but India have no policy regarding this and Indian working woman's are still
struggling with the mensuration pain and official work
What Is Mensuration
Menstruation is the monthly shedding of the lining of your uterus. Menstruation
is also known as menstruation, menses, menstrual cycle or menses. Menstrual
blood: which is part blood and part tissue from inside the uterus: flows from
the uterus through the cervix and out of the body through the vagina.
Menstruation is controlled by hormones. Hormones are chemical messengers in your
body. Your pituitary gland (in your brain) and ovaries (part of your
reproductive system) make and release certain hormones at certain times during
your menstrual cycle.
These hormones cause the lining of the uterus to thicken. This is done so that,
should pregnancy occur, the egg can implant in your endometrium. Hormones also
cause your ovaries to release an egg (ovulate). The egg moves through the
fallopian tubes, where it waits for sperm. If the sperm does not fertilize this
egg, pregnancy will not occur. The lining of your uterus breaks down and falls
out. This is your period.
Mensuration Cycle
The menstrual cycle is a term that describes the sequence of events that occur
in your body as it prepares for the possibility of pregnancy each month. Your
menstrual cycle is the time from the first day of your period to the first day
of your next period. Everyone's cycle is a little different, but the process is
the same. [1]
Four Stage Of Mensuration Period
The rise and fall of your hormones trigger the steps in your menstrual cycle.
Your hormones cause the organs in your reproductive tract to react in certain
ways. Specific events that occur during the menstrual cycle are:
Menstrual Phase: This phase begins on the first day of menstruation. This is
when the lining of your uterus sheds into your vagina if you have not become
pregnant. Most people bleed for three to five days, but a period lasting only
three to seven days is usually nothing to worry about.
Follicular phase: This phase starts the day you get your period and ends with
ovulation (it overlaps with your period and ends when you ovulate). During this
time, levels of the hormone estrogen rise, causing the lining of the uterus (endometrium)
to grow and thicken. In addition, another hormone - follicle-stimulating hormone
(FSH) - causes follicles in the ovaries to grow. During days 10 to 14, one of
the developing follicles will form a fully mature egg (egg).
Ovulation: This phase occurs around day 14 of a 28-day menstrual cycle. A
sudden increase in another hormone: luteinizing hormone (LH): causes your ovary to
release an egg. This event is ovulation.
Luteal phase: This phase lasts from approximately day 15 to day 28. Your egg
leaves the ovary and begins to travel down the fallopian tubes to the uterus.
The level of the hormone progesterone rises to help prepare the lining of the
uterus for pregnancy. If the egg is fertilized by sperm and attaches to your
uterine wall (implantation), you become pregnant. If pregnancy does not occur,
estrogen and progesterone levels drop and the thick uterine lining is shed
during menstruation.[2]
Woman's Age For Mensuration
Mensuration starts in young women between the age of 13: 16 years this age can
be different for woman's and it last till the age of 45 years. in normal case mensuration period can be 3-7 days. in case of PCOD time period of mensuration
and pain both increases. around 59% of woman's are having mensuration
Health Issue That Woman's Face During Mensuration
There is many health issue that a woman faces during her mensuration cycle some
of them are mentioned below:
- Abdomen Cramps
- Breast Pain
- Heavy Blood Lose
- Lack Of Concentration
- Sever Mood Swings
- Sleeping Problems
Fever
Endometriosis:
Woman's having endometriosis experience extreme pain and
fainting spells during this time. basically, endometriosis is a condition in
which tissues from the uterine lining bleed in the wrong place within the
abdomen
Premenstrual dysphoric disorder (PMDD):
Woman's suffering with PMDD face
extreme mood swing even suicide tendency also increase in woman's
History Of Mensuration Leave
Ancient Cultural
In ancient India women was restricted to entered to any religious place, kitchen
and in many other places the main reason behind this was to give rest to the
woman who was going through the mensuration period. in ancient Indian culture
woman's get isolated for the mensuration period in order to protect the women
from wild animal. As animal get attracted by the smell of blood
Middle Age
The history of paid menstrual leave dates back to World War II. Countries like
Japan, South Korea, Indonesia and Taiwan have been far-sighted problem and
entitle female employees to menstrual leave. Italy also proposed an Account for
paid menstrual leave.
Historically, Indian companies have been marked with this
feature vibrant liberalism. A girls' school in the state of Kerala has allowed
its students to menstruate to leave as early as 1912. In this financial year
several companies in India have individually introduced a policy of paid
menstrual leave for their female employees.[3]
What Is Mensuration Leave
Menstrual leave refers to a specific form of leave for those who experience
menstrual pain. It recommends that female workers be given time off work
during menstruation, as well as in case of any illness. These holidays are
unpaid and are taken in addition to the usual sick leave provided to all
employees
Why We Need Mesuration Leave (Legislation)
Health:
In India, 20% of menstruating women have PCOS and approximately 25 million
suffer from endometriosis.
Work Efficiency:
According to a British medical journal research employee loss 8.9%-day
productivity
Opportunity For Woman To Speak Up:
Maturational leave will be an opportunity for woman's to speaks about their
mensuration cycle and get better health treatment
Human Working Condition:
it's not about that woman need rest in their mensuration cycle but it's
because of lack of working condition for woman's during mensuration cycle
s[4]
International Initiative:
Soviet Russia: In the 1920s and 1930s, Soviet Russia exempted menstruating
women from paid work to protect their reproductive health, thus giving rise to
the idea of a formal menstrual leave policy.
Russia: In 1947 Russia added mensuration leave in article 68 of labour law of
Russia. In the 1920s, trade unions in Japan popularized the concept, which has
been around for more than 70 years
Indonesia: Indonesia taken initiative in year 1948 for mensuration leave
Taiwan: Article 14 of gender equality and employment give right to take mensuration leave to the female employee
South Korea: article 73 of labour law of south Korea talks about mensuration
leave
Vietnam: Vietnam gives three days leave per months. extra payment will be given
for not taking leave.
Spain: On February 16 ,2023 Spain becomes the first EU country to give sexual
health right and mensuration leave to their employee[5]
Spain's Former Minister Of Equality Irene Monters Said In His Parliamentary
Speech "Without These Rights Woman Will Get Deprive Of Full Citizen Actual
Substance"
According to research conducted at University College London and published, it
was revealed that period pain can be "as bad as a heart attack". Due to the
biological complexity of women and the intense pain they must suffer. woman's
entitled to leave during menstruation.
In addition, women are the least
productive regarding employment during menstruation, especially the first and
second days of menstruation menstrual cycle due to unmanageable discomfort.
Therefore, it may not be very fruitful for them employers in terms of
production. Therefore, with both views of the woman menstrual leave is desirable
for both employees and employers.
Indian Initiative For Mensuration Leave
India has no legislation regarding mensuration leave but few state of India have
taken initiative for the mensuration leave
Bihar: In 1992 Bihar becomes the first state to introduce mensuration leave in
the Bihar by ex-chief minister of Bihar Mr. Lalu Prashad Yadav
Kerala:
In the duration of chief minister state of Kerala implemented
mensuration leave in their state higher educational institute. 73% attendance in
case of girls and 75% attendance in case of boys
Indian Government:
The Menstruation Benefits Bill 2018, which provides for 2
days of menstrual leave and better rest opportunities at the workplace, has yet
to be approved
Private Company Initiative For Mensurational Leave
In 2017, Mumbai-based companies Gozoop and Culture Machine became the first
private companies to introduce First Day of Period (FOP) in India.
Zomato
With more than 5000 employees, Zomato is one of the leading delivery companies
in India. Deepinder Goyal, CEO and founder of Zomato, introduced the holiday
email policy to his employees. The email stated that female employees can now
take 10 days of leave per year for the duration of their leave.
The email also
mentioned that women should not be shy about giving real reasons, such as period
leave. The CEO also appealed to male employees not to be uncomfortable
mentioning the word period and to understand women's pain and struggles.[7]
Fly My Biz
Fly My Biz is a digital marketing agency based in Kolkata, India. This company
also introduced menstrual leave through a press release in 2019. According to
their program, female employees of the company can take 12 paid days off as
menstrual leave and it will not be counted as sick or casual. They also wrote
about taking the initiative to appreciate motherhood and see this period as a
biological process rather than a taboo[8]
Byjus 's
Byju's is an Indian education technology company that is valued at around $22
billion. They have also started a period leave policy under which female
employees of Byju's can take 12 paid period leaves in a year. Employees also
have the option to either take a full day off every month or they can take two
half-day leave as well.[9]
Swiggy
Swiggy is another food delivery company that has introduced a time off policy
for its female partners. According to the policy, employees can take 2 days of
paid leave every month for their duration. This initiative was taken by Swiggy
to cater to women who have to be on the go and deliver food while facing
menstrual issues. The best thing about this policy is the phrase "no questions
asked"[10]
India Mensuration Benefit Bill 2017:
- Sec 5:
Every woman employee working in the establishment during her
menstruation shall be entitled to thirty minutes of rest period twice a day for
not more than four days during menstruation in a month.
- Sec 7:
Every establishment shall intimate in writing and electronically to
every woman at the time of her initial appointment regarding every benefit
available under this Act.
- Sec 8:
Every woman shall have a right to self-perception of her menstruation.
- Sec 9:
The Internal Complaints Committee constituted under the Sexual
Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,
2013 or similar Grievance Redressal Committees will entertain the cases related
to mensuration cycle leave.
- Sec 10:
Whoever denies leave to a woman during her menstruation or obstructs a
female employee from entitlement of menstrual leave; or denies or discontinues
prescribed rest and recreation facilities to the women during her menstruation
shall be punished with the imprisonment of not less than one months and
punishment can extend to three months with or without fine of minimum ten
thousand which can extend to fifteen thousand. [11]
Objective Behind This Bill
There were frequent demands across India for further amendment of labour laws
with the aim of providing female employees with a better working environment.
Menstruation is coming the movement has gained momentum across the country and
there is intense demand entitle women to paid leave during menstruation.
In
addition, there were requirements provide intermediate breaks during
menstruation on working days and facilities for rest workplace in India. Many
women, media and civil society organizations started dealing with difficulties
associated with menstruation and requiring paid leave. The the success of
several campaigns and petitions launched for menstrual leave confirms that
movement is rapidly gaining momentum in India
Later
The Right To Menstrual Hygiene And Paid Leave Bill, 2019 and Right to
Women to Menstrual Leave and Free Access to Menstrual Health Products Act, 2022
was introduced which was also rejected by the parliament
Parliament On Mensuration Leave
Recently the woman and child development ministry smriti Irani given her view
regarding paid mensuration leave she replied on a question asked by a upper
house member about the mensuration leave. her statement was "As a menstruating
woman, menstruation and the menstrual cycle is not a handicap, it is a natural
part of a woman's life journey... We should not propose topics where women are
denied equal opportunities just because someone who does not menstruate has a
special opinion about menstruation,"
So Indian have no legislation regarding paid leave or leave during mensuration
period of woman's
Supreme Court
The Supreme Court recently dismissed a petition that sought to direct all states
to formulate a menstrual leave policy, saying it would be more appropriate to
approach the Ministry of Women and Child Development.
Indian Constitution Regarding Mensuration Leave
Article 14 of Indian constitution says "The state does not deny anyone equality
before the law or equality protection of laws in the territory of India"
equal protection of law under article 14(2) of Indian constitution refers to the
equal protection of law between equals its means unequals should not be treated
by equal laws. on the basis of this article reservation has been given to
different community of the society like reservation to SC/ST, OBC reservation,
economically weaker section reservation and woman reservation.
In many case the supreme court of India mentioned that for public
welfare reasonable classification is very important. In
State Of
Bombay V. F.N Batsara the supreme
court of India given two test for reasonable classification the first one
intelligible differentia and rational nexus. In
E.P Royapa V. State Of Tamil
Nadu the supreme court of India expand the concept of intelligible differentia
and added one more element that is reasonableness and given new rule.
In
Maneka Gandhi V. Union Of India the supreme court of India explained the rule more
briefly explained the concept of cast and class and concept of equality before
law. Article 15 (3) of Indian constitution given an exception which is:
"The
government can make special provision for woman's and child on the basis of this
two article the government can make the paid mensuration leave policy. as mensuration leave policy can increase woman work efficiency and increase number
of woman's in different field and also helps woman to be more productive and
creative. as article 14(2) cover reservation under his umbrella to take the
different section of the society in one line and stope exploitation of the
weaker section of the society.
Woman's also have reservation of 33% in Indian
this is all about the social and economical equality but what about the physical
difference normally there are two main genders in the society male and female. mensuration is a periods where woman's face so much health issue and between
those issue a woman have to complete her all office work and pretend that there
work is equal to the male employee of the office in order to get promotion and
increment. as the government have given reservation of 33% in the same way the
government can give paid mensuration leave or mensuration leave.
Article 15 of
Indian constitution given an exception the state can make special provision for
woman's and child. and through this article the constitution maker given an
opportunity or responsibility to the state to make special law and policy for
the betterment of the women. so, the paid mensuration leave policy also comes
under the umbrella of article 14 and 15 and.
Conclusion:
Mensuration leave is a very serious issue for today's society. Developed country
like Russia, Spain is also giving mensuration leave. But Indian government takin
this issue very lightly and supreme court of India is also rejected the PIL
saying that mensuration leave policy is matter of legislation. everyone is
talking about the economic and social equality but no one is speaking about the
physical equality.
In our normal life we use to say that women's is equal to
mans but in actual they are not. Woman's have complex body and numbers of
hormonal changes. Even the constitution of India under article 15(3) giving the
state power to make special provision for the women. in order to improve woman's
participation in the country its very important to give them paid leave during
their mensuration cycle.
Reference:
- https://www.zomato.com/blog/period-leaves
- http://flymybiz.in/images/Press-Release.pdf
- https://blog.byjus.com/life-at-byjus/culture/from-period-leaves-to-child-care-leaves-check-out-byjus-updated-leave-policy/
- https://blog.swiggy.com/2021/10/20/a-brief-note-on-our-commitment-to-increase-women-delivery-partners-in-our-fleet/
- https://www.iasparliament.com/current-affairs/need-for-menstrual-leave-in-india
- http://164.100.47.4/billstexts/lsbilltexts/asintroduced/2651LS%20As%20In.pdf
- https://my.clevelandclinic.org/health/articles/10132-menstrual-cycle
- https://indianexpress.com/article/opinion/columns/on-menstrual-leave-smriti-irani-constitution-on-opposite-sides-9069652/
- https://www.euronews.com/next/2023/02/16/spain-set-to-become-the-first-european-country-to-introduce-a-3-day-menstrual-leave-for-wo
- https://www.ndtv.com/world-news/the-global-push-for-paid-menstrual-leave-as-spain-brings-in-law-3789125
Book:
- Indian Constitutional Law 'M.P Jain ' Eighth Edition, J.Ap Sahi, Sharath Chandran
End-Notes:
-
Mensuration Cycle [12 September 2022]
< https://my.clevelandclinic.org/health/articles/10132-menstrual-cycle >
Accessed 2nd January 2024
-
Mensuration Cycle [12 September 2022]
< https://my.clevelandclinic.org/health/articles/10132-menstrual-cycle >
Accessed 2nd January 2024
-
Mensuration benefit bill 2017
< http://164.100.47.4/billstexts/lsbilltexts/asintroduced/2651LS%20As%20In.pdf >
accessed 31 December 2023
-
Need for mensuration leave in India
< https://www.iasparliament.com/current-affairs/need-for-menstrual-leave-in-india >
accessed 2nd January 2024
-
Global push for mensuration leave
< https://www.ndtv.com/world-news/the-global-push-for-paid-menstrual-leave-as-spain-brings-in-law-3789125 >
accessed 2nd January 2024
-
Spain mensuration leave
< https://www.euronews.com/next/2023/02/16/spain >
accessed 2nd January 2024
-
Zomato initiative for mensuration leave
< https://www.zomato.com/blog/period-leaves >
accessed 23rd December 2023
-
Fly My Biz initiative for mensuration leave
< http://flymybiz.in/images/Press-Release.pdf >
accessed 23rd December 2023
-
Byjus mensuration leave
< https://blog.byjus.com/life-at-byjus/culture/from-period-leaves-to-child-care-leaves-check-out-byjus-updated-leave-policy/ >
accessed on 28 December 2023
-
Swiggy initiative for mensuration leave
< https://blog.swiggy.com/2021/10/20/a-brief-note-on-our-commitment-to-increase-women-delivery-partners-in-our-fleet/ >
accessed 27 December 2023
-
India Mensuration Benefit Bill 2017
< http://164.100.47.4/billstexts/lsbilltexts/asintroduced/In.pdf >
accessed 27 December 2023
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