Abstract
This article covers an in-depth legal overview of NALSAR University of Law’s recent menstrual leave policy implementation. Menstrual leave is a policy concept that has attracted attention as a crucial step towards gender equality. It was created to solve workplace issues relating to gender. The article addresses the growing trend of menstrual leave policies in both corporate and educational sectors, as well as the legal environment in India surrounding such policies and their consequences for workplace rights and gender discrimination. In addition, it explores the possible difficulties and disputes surrounding the use of menstrual leave rules, providing guidance on how to guarantee both legal observance and efficient implementation. This article adds to the current conversation on workplace rights and gender equality by offering a legal analysis of NALSAR’s menstrual leave policy.
Legal Basis Of The Law
In India, there is no specific law mandating menstrual leave. However, the policy can be framed under broader labour laws, such as the Factories Act, which provides for women’s health and safety at the workplace. The policy aligns with the principles of gender equality enshrined in the Constitution of India. It attempts to address the unique needs of women, recognizing the physical and emotional challenges many face during menstruation. The legal basis for this policy can be found in various dimensions of Indian law. To begin, Indian labour laws play a pivotal role. It is crucial to scrutinize labour statutes like the Factories Act, of 1948, and the Employees’ State Insurance Act, of 1948, which govern working conditions and employee benefits. By doing so, one can ascertain how NALSAR’s menstrual leave aligns with existing labour regulations and whether it conforms to legal standards.
Furthermore, the constitutional framework of India provides another significant legal backdrop. Articles 15(3) and 42 of the Constitution hold relevance here. Article 15(3) empowers the state to make special provisions for women, and Article 42 directs the state to ensure just and humane conditions of work. The alignment of NALSAR’s policy with these constitutional provisions is a pivotal aspect to consider from a legal standpoint. Gender equality laws in India, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and the Maternity Benefit Act, 1961, offer additional legal perspectives. These laws emphasize gender equality and rights in the workplace, and assessing how menstrual leave fits into this legal framework is essential.[1] Legal precedent, including relevant case law, also plays a crucial role. By referring to legal cases and precedents, one can ascertain whether there are established legal foundations for the implementation of policies like menstrual leave. Additionally, the policy must be examined within the context of human rights, as it pertains to women’s rights and dignity. Assessing its alignment with the Universal Declaration of Human Rights is pertinent. Moreover, as NALSAR is an educational institution, its legal authority to implement such a policy must be evaluated. This entails considering the extent to which the institution may be subject to or exempt from specific labour laws.
Purpose of The Policy & MPLG (Menstrual leave policy group)
The Menstrual Leave Policy Group (MLPG) at NALSAR University of Law has recognized a prevalent issue affecting nearly 50% of the campus population, including students, professors, and workers. Menstrual cramps, dysmenorrhea, and associated symptoms like constipation and diarrhoea often go unaddressed, causing considerable discomfort. Many individuals also grapple with menstrual disorders like Polycystic Ovary Syndrome (PCOS) or Polycystic Ovarian Disease (PCOD).[2] Despite the high prevalence of these issues, there exists a significant cultural taboo in India, even within educational spaces, where menstruating individuals are expected to endure their pain without accommodation or support.
NALSAR, known for its progressive initiatives like gender-neutral facilities and accessibility infrastructure, recognizes the need for change. The formation of the MLPG serves a dual purpose: to create a menstrual leave policy tailored to NALSAR’s context and to foster awareness and education about menstruation. The group aims to establish period-friendly spaces within the university, ensure access to targeted medical facilities, and provide sanitary napkin dispensers for faculty, students, and staff. The policy, modelled after medical leave systems, seeks to support menstruating individuals in taking care of their reproductive health without jeopardizing their access to education. This initiative represents another step forward in NALSAR’s commitment to inclusivity and equitable treatment for all members of its community.
Procedure To Claim Menstrual Leave At NALSAR
The Menstrual Leave provided to all the beneficiaries can hereby be claimed directly through the exam office. The certain manner is as follows:
A revised menstrual leave form will be made available to all students, and a duplicate copy will be maintained in the examination office, alongside the existing medical leave documentation.
Beneficiaries of the menstrual leave policy will have the option to personally submit the leave request, specifying the particular day for which they are seeking leave.
To avail of the menstrual leave, individuals must complete and physically submit the menstrual leave form to the examination office within a maximum of 7 working days from the date they wish to take the leave.
Constitutionality of Menstrual Leave Policies in India
Gender Equality and the Constitution: This section discusses the constitutional provisions that emphasize gender equality in India. It highlights Article 15(3), which empowers the state to make special provisions for women, and Article 42, which directs the state to ensure just and humane conditions of work. The examination of menstrual leave policies through the lens of these constitutional provisions is a pivotal aspect of this analysis.[3]
Right to Equality: The right to equality, as guaranteed by Article 14 of the Indian Constitution, is central to this discussion. It involves assessing whether menstrual leave policies treat individuals equally or disproportionately impact a specific gender. Analyzing potential legal challenges that may arise due to perceived discrimination is essential.
Fundamental Rights and Reproductive Health: This part explores how menstrual leave policies intersect with the fundamental rights of individuals. Specifically, it considers how these policies may align with the right to life and personal liberty (Article 21), the right to education (Article 21A), and the right to work (Article 41), while also addressing concerns related to menstrual disorders like PCOS and PCOD.
Objective of The Menstrual Leave Committee at NALSAR
The Menstrual Leave Committee has been established at NALSAR University of Law with a set of clear objectives aimed at addressing various aspects of menstrual health and hygiene. These objectives encompass ensuring the effective implementation of the Menstrual Leave Policy and creating a supportive environment for menstruating individuals within the university.
Conflict Resolution and Policy Enhancement: One of the key objectives of the Menstrual Leave Committee is to address conflicts related to the policy’s implementation. This includes concerns about attendance, the proper completion and submission of menstrual leave forms, and the identification of eligible beneficiaries. The committee is also tasked with preventing misuse of the policy. Furthermore, it seeks to make recommendations for potential amendments to university rules and policies that can better accommodate the needs of menstruating individuals.
Sensitization and Education: The committee is responsible for conducting sensitization programs on menstrual health and hygiene. These programs are designed to benefit a wide spectrum of the university community, including students, administration, faculty, staff, and other stakeholders. By raising awareness and providing education, the committee aims to dispel myths and stigmas surrounding menstruation.
Reproductive Health Promotion: Promoting reproductive health and hygiene is a core objective. The committee is tasked with organizing activities that support menstruating individuals in maintaining their reproductive health. This includes ensuring the availability of essential medical supplies, such as sanitary pads, antispasmodic medicines for period cramp relief, pain relief gels, and hot water bags at the University Health Centre[4]. These supplies are intended to benefit students, faculty, staff, and workers on campus.
Facility Improvement: To enhance the convenience and accessibility of menstrual hygiene products, the committee aims to install functional pad dispensers and incinerators in various campus facilities, including the Academic Block, Administrative Block, Girls Hostels, Library, and the Gender Neutral Washroom. These improvements seek to make menstrual hygiene products readily available to those in need.
Holistic Wellness: A holistic approach to wellness for menstruating individuals is promoted by the committee. This encompasses not only addressing physical health but also considering emotional and psychological well-being.
Policy Implementation and Beyond: In addition to the specific objectives outlined, the committee is responsible for all other activities required for the proper implementation of the Menstrual Leave Policy. This includes responding to emerging needs and evolving best practices to ensure that the policy remains effective and relevant.
Conclusion
In conclusion, NALSAR’s implementation of a Menstrual Leave Policy, when viewed through a legal lens, represents a significant stride towards promoting gender equality and recognizing the fundamental rights of menstruating individuals in the educational space. This legal analysis underscores the policy’s alignment with constitutional provisions emphasizing gender equality, fundamental rights, and the right to equality. It is a testament to NALSAR’s commitment to creating an inclusive and equitable educational environment.
The constitutional examination also underscores the importance of considering the right to equality under Article 14 and how menstrual leave policies must be crafted to ensure that they do not inadvertently discriminate or disproportionately affect a particular gender. The policy serves as a platform for addressing both gender disparities and the broader issue of reproductive health and hygiene.
As the Menstrual Leave Policy becomes a part of NALSAR’s institutional framework, it signifies a progressive step forward, fostering awareness and education on menstruation, challenging taboos, and addressing the practical needs of menstruating individuals. This legal outlook underscores the policy’s potential to serve as a model for other educational institutions in India, sparking dialogue and change regarding the treatment of reproductive health in the academic sphere.
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Written By: Gauri Joshi
[1] Menstrual leave Policy of 2023
[2] NALSAR rule book for menstrual leave
[3] SCC ONLINE
