What was the reason for Menstruation Benefit Bill, 2017 to be withdrawn from the Arunachal Pradesh Legislative Assembly's 2022 budget session?

Ninong Ering, an Indian National Congress Member of Legislative Assembly (MLA) from Pasighat (West), Arunachal Pradesh, has been fighting for the right to two days of menstrual health leave for women at work for the past five years. When he was a Parliamentarian, he introduced the Menstruation Benefit Bill, 2017 as a private member's bill in the Lok Sabha in November 2017; this year, he introduced the same Bill in the Arunachal Pradesh Legislative Assembly on the first day of the 2022 Budget Session.

Other politicians in Arunachal Pradesh, on the other hand, disregarded the topic of menstruation as "unclean." Menstruation should not be mentioned in a "sacred location" like the Legislative Assembly, according to Lokam Tassar, a Koloriang MLA from the Bharatiya Janata Party [BJP]. Another disappointing comment came from Jummum Ete Deori, a BJP MLA from Lekang, who acknowledged that it is a "dirty" issue that should be tackled first with the state's Women's Commission. As a result, the Bill was withdrawn on March 11 at the request of state Health Minister Alo Libang.

State policy on menstrual health and fundamental human rights

When people's politicians refuse to discuss menstruation health as a matter of State policy, let alone as a human rights issue, it is not just depressing but also disempowering. Policymakers should remember the Constitution's Directive Principles of State Policy, which include Article 39(e), which directs state policy to ensure "the health and strength of workers, men and women," as well as Article 47, which states that it is the "duty of the State to raise the level of nutrition and the standard of living, and to improve public health." Most crucially, the Supreme Court has granted the right to life under Article 21 a broad interpretation over the years. The Supreme Court concluded in Consumer Education and Research Centre vs. Union of India (1995) that the right to health and medical health care is a fundamental right since it is necessary to make the workman's life meaningful and purposeful while maintaining dignity. Furthermore, the phrase 'life' in Article 21 does not simply refer to animal existence but has a broader meaning in the ruling, which includes the right to livelihood, a higher quality of living, sanitary working conditions, and leisure. It is reasonable to assume that cleanliness and menstrual health are also covered by Article 21, providing women with the essential circumstances to work with dignity.

Menstruation should not be mentioned in a "sacred location" like the Legislative Assembly, according to MLA Lokam Tassar. MLA Jummum Ete described it as a "dirty" subject in another disappointing answer.

The Menstruation Benefit Bill is a significant step toward a gender-sensitive labour policy by addressing the agonising agony experienced by women on the first day of their period. Paid leave would be available to women working at "any establishment registered with the competent Government" under Section 4 of the Bill, with overtime being paid to those who do not desire to take advantage of it. Students in grades VIII and up are eligible for school absences. The bill also "seeks to provide improved facilities for menstrual rest at the workplace." Every woman employee "during her menstruation should be entitled to thirty minutes of rest period twice a day for not more than four days during menstruation in a month," according to Section 5 of the Bill. Providing women at work with the option of taking monthly leaves and proper rest is a step toward not just de-stigmatizing menstruation, but also ensuring that more women join the workforce and participate in it with dignity.

Under the Swachh Bharat banner, the Arunachal Pradesh government has been aggressive in its commitment to menstrual health management [MHM] at the grassroots. Since 2013, it has provided free sanitary napkins to female students in government schools in classes VI-XII, as well as a monthly payment of Rs. 50 for health and hygiene. However, how would MHM-related programmes thrive if the state's legislators themselves consider MHM to be a taboo subject?

There is clearly a pressing need for gender sensitization among some legislators, in addition to grassroots behavioural change. The provision of sanitary pads and token money for health and hygiene is good, but it is insufficient if stigmatisation exists even in the people's house, and the legislature.

Menstrual leave and workplace issues for women

The Statement of Objects and Reasons for the Bill uses examples from Japan, Indonesia, Taiwan, and South Korea to emphasise the significance of enacting menstruation leave legislation. Despite the fact that these countries have the option of taking menstrual health leaves, women in both Japan and South Korea are taking fewer of them. According to a 2017 survey in Japan, only 0.9 per cent of women have used menstrual leaves, down from 26 per cent in 1965; a similar trend can also be seen in South Korea, where 23 per cent of women used them in 2013, but dropped to 19.7% in 2017. These trends suggest that in highly competitive workplaces, women may prefer not to take these vacations in order to avoid being perceived as a burden rather than a productive and efficient employee.

Despite the fact that women in both Japan and South Korea have the option of taking menstrual health leaves, they are taking less of them. According to a 2017 survey in Japan, only 0.9 per cent of women utilise menstruation leaves, down from 26% in 1965; a similar decline can also be seen in South Korea, where 23 per cent of women used them in 2013, but only 19.7% in 2017. These trends show that in highly competitive organisations, women may avoid taking vacations to avoid being regarded as a burden rather than a productive and effective employee.

There are fears that enacting such a rule in India will result in a hiring bias against women, perhaps excluding them from job possibilities. Women, on the other hand, have fought a lengthy battle to establish their presence in the workplace. For generations, they have been driven to shatter patriarchal glass ceilings. Although achieving true gender equality in the workplace and de-stigmatizing menstruation would be difficult, the government should not shirk its obligation to provide equal opportunity for all women. The lack of legislation and practice that takes into account women's lived experiences with menstruation demonstrates the gender imbalance that still persists in our culture, where women must justify and defend their need for menstrual health leaves.