MENSTRUATION BENEFIT BILL 2017

This is a private bill introduced by Congress MP Ninong Ering, an Arunachal Pradesh Lok Sabha member, in the first week of January 2017. The bill's goal is to give two days of paid menstruation leave to women working in both the public and private sectors, as well as some rest facilities in the workplace. This type of paid mensuration leave has been implemented in a number of nations in order to empower women. However, in India, this measure has not been approved due to numerous objections. The advantages and disadvantages of the measure are discussed in this paper.

MENSTRUATION

Mensuration is a discharge of blood or tissue (menses) from the inner lining of the uterus through the cervix and out of the body through the vaginal canal. The uterus prepares for pregnancy every month, and if there isn't a pregnancy, the womb or uterus sheds the blood. Puberty strikes most girls between the ages of 12 and 15. A female can start menstruating as early as 8 years old or as late as 16 years old, and it will last until menopause. The blood discharge usually lasts 5-7 days. Once a month, every woman goes through this.

MENSTRUAL HYGIENE ISSUES IN INDIA

Menstruation is still considered taboo in India. People believe that discussing menstruation is a taboo subject. In Indian civilization, there are numerous menstrual problems.

Instead of sanitary pads, adolescent females in this community utilise a towel, old garments, newspaper, and toilet paper. In India, only 12-20% of women use sanitary pads, while the remainder wears filthy garments that cause many deaths. Women in many rural areas are unable to buy sanitary pads, which are extremely expensive for them due to varying economic conditions.

After puberty, one-quarter of all Indian girls, or 25%, leave school. They are not permitted to study since, after reaching puberty, they are deemed women and marry at a young age. In rural regions, these customs are still practised.

Women are not permitted to attend temples, churches, or other sacred sites in India because they are deemed dirty. Even though they are not permitted to enter the kitchen and are given their own glass, plate, and other items, they are utterly ignored by the rest of the family during menstruation.

Every woman has pain, cramps, and discomfort throughout her monthly period. Most women experience painful menstruation, which is known as dysmenorrhea. Dysmenorrhea is divided into two types: primary and secondary. Primary dysmenorrhea is a typical period ailment in which women have cramps and stomach pain that lasts for two to three days. Secondary dysmenorrhea, on the other hand, causes significant discomfort that begins before monthly periods and lasts until the menstruation is over.

These are the issues that are now affecting Indian society, and we must take all of these elements into account when introducing the law.

BACKGROUND OF THE BILL

As previously stated, Ninong Ering, a congress MP and Lok Sabha Member of Parliament from Arunachal Pradesh introduced the mensuration benefit bill 2017. In the Lok Sabha, Ering inquired if the ministry of women and children's development had any plans for the suggestion of menstruation paid leave, to which the ministry responded that they don't, instead of listing a number of awareness impacts for adolescent girls. The measure was then introduced by Erin in his own right. He also stated that monthly pain is "nearly as painful as having a heart attack," and that there is a growing desire in India for stronger female labour regulations, so this measure may help to build a more women-friendly atmosphere.

A private bill is a bill introduced by a member of Parliament who is not a minister, and most of this legislation has not yet been passed. Both the ruling and opposition parties can introduce a private bill.

PROVISIONS OF THE BILL

According to section 4 of the bill, women who work in the public or private sector are entitled to paid menstrual leave for four days, and girls who are in or above class VIII are entitled to time off from school during menstruation.

During her menstruation, a woman employee is entitled to 30 minutes of relaxation twice a day, but not for more than four days, and the employer is also required to provide creche facilities if the sector employs more than 50 people.

This bill also improves working conditions for women during their menstrual periods.

Every woman has the right to determine how she feels about her menstruation.

Anyone who violates the bill's provisions will face a sentence of 1-3 months in prison and a fine of up to 50,000 rupees.

As part of its goal to establish a women-friendly environment, a digital media company called culture machine implemented a policy of providing one day of paid leave for female employees. After this decision a strong debate was created, as this bill was hailed by lots of people at the same time there were lots of objections towards this policy. Let’s take a look at the arguments of supporters of the bill.

Women's empowerment is a hot topic in India, yet the reality is that women's employment is steadily declining. And the World Bank conducted research titled "Reassessing Patterns of Female Labour Force Participation in India," which lasted for up to eight years, from 2004 to 2012. They discovered that 19.6 million women were laid off during this time, with the majority of the women being from rural areas.

So, by introducing this bill, the workplace can be made more women-friendly. Women's health is given top importance.

This type of leave should be referred to as a menstrual leave rather than a sick leave because periods should not be considered a disease.

Indonesia, Japan, South Korea, Taiwan, and Italy, among others, provide women with menstruation leave. Bypassing this bill, a women's welfare and encouragement programme could be established.

However, there is a group of people who are opposed to the measure, so let us examine their arguments:

According to the World Bank's study, women's dropout from the workforce is related to increased economic stability more than health difficulties.

If this bill is passed, there may be a further drop in the female workforce since firms will be less willing to hire women.

Women were not in a decent position earlier, and they were solely treated as subordinates to males, but after a lengthy war, they were treated as equals to men. However, the bill fails because it considers women to be the weaker sex.

Women worked hard to spread the word that menstruation is not a disease, yet the bill reinforces traditional beliefs, customs, and traditions.

CONCLUSION

Everything should not be viewed with the assumption that women everywhere should be treated equally to men. Men and women are biologically distinct and should not be compared in any way. Simultaneously, 90 per cent of women have some type of discomfort during their periods, and the majority of women also suffer from dysmenorrhea, a painful condition. Periods should not be regarded as a disease because they are a normal biological occurrence. This is not a source of humiliation because it is a natural part of any woman's life. To combat traditional thinking, awareness activities might be developed. Why should India be any different? Many countries grant menstruation leave, so why not India? Zomato, a food delivery service, recently announced that women will be given ten days of menstrual leave per year. Furthermore, why not another biological function called menstruation, when women's rights like the Maternity Benefit Act have promoted the idea of gender equality, gender inclusivity, and gender sensitisation? This bill should pass in order for women to reach their full potential.