Bhaavya Roy’s Perspective on Menstrual Leave: A Step Forward or a Step Back?

Bhaavya Roy, an advocate and founder of Kranti Law Offices, provides a balanced and pragmatic view on the debate surrounding menstrual leave policies in India. Bhaavya Roy acknowledges that while such a policy may appear to support menstruating employees, it could also create unintended consequences by reinforcing workplace biases. According to Bhaavya Roy, offering menstrual leave as an additional benefit might hinder equal opportunities for women, making them more vulnerable to hiring discrimination and professional setbacks. She points out that Smriti Irani’s remarks, though controversial, reflect a broader societal perception, where menstruation is still seen as a taboo topic. Bhaavya Roy also highlights that women often hesitate to avail themselves of menstrual leave in countries where such policies exist, fearing workplace scrutiny or missing professional opportunities. From a legal standpoint, Bhaavya Roy emphasizes that India's existing labor laws, including the Shops and Establishments Act and the Factories Act, already provide sick leave, which could be used flexibly instead of introducing a separate menstrual leave policy. Bhaavya Roy suggests that companies should prioritize flexibility in work hours and hybrid work models rather than enforcing mandatory menstrual leave. In her view, post-Covid workplace changes have made remote work more accessible, reducing the necessity for a specific menstrual leave policy. Instead of adding another layer of gender-based differentiation, Bhaavya Roy advocates for a more inclusive and adaptable work environment, ensuring that menstruating employees receive adequate support without facing unintended disadvantages.

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