Menstrual Leave Debate in India – Explained

Menstrual Leave

Menstrual Leave Latest News

  • The Supreme Court recently observed that making paid menstrual leave mandatory by law may unintentionally harm women’s career prospects and reduce their employment opportunities. 

Menstrual Leave in India

  • Menstrual leave refers to leave granted to women during their menstrual cycle when they may experience severe physical discomfort, such as cramps or other medical conditions. 
  • The issue has increasingly become part of discussions on gender equality, workplace welfare, and labour rights.
  • India does not currently have a nationwide law mandating menstrual leave. However, certain initiatives exist at the institutional or regional level. For example:
    • Some educational institutions have introduced menstrual leave policies for students.
    • Certain state governments have provided limited leave provisions in schools or universities.
    • Several private companies have voluntarily implemented menstrual leave policies.
  • These initiatives reflect growing awareness of menstrual health issues in workplaces and educational institutions.

Global Practices on Menstrual Leave

  • Several countries have adopted policies related to menstrual leave, though their design and implementation vary. For instance:
    • Spain introduced a law in 2023 allowing women to take 3-5 days of menstrual leave, with the cost borne by the government. 
    • Japan introduced menstrual leave legislation as early as 1947.
    • South Korea, Indonesia, China, and Zambia also have provisions that allow menstrual leave under certain conditions.
  • These international examples illustrate different approaches to addressing menstrual health in workplaces.

Supreme Court’s Observations on Mandatory Menstrual Leave

  • The debate gained attention after a petition sought directions from the Supreme Court to introduce a uniform law granting paid menstrual leave to women workers and female students across the country.
  • The Supreme Court Bench, headed by Chief Justice of India Surya Kant, observed that a mandatory legal provision for menstrual leave could negatively impact women’s careers
  • The Court highlighted several potential risks:
    • Impact on Hiring Decisions: Employers might become reluctant to hire women if they are required to provide additional mandatory leave every month.
    • Reduced Workplace Responsibilities: There is concern that employers may hesitate to assign major responsibilities to women if they perceive them as frequently unavailable during certain periods.
    • Career Growth Concerns: The Court observed that mandatory leave policies might inadvertently create a perception that women are less capable of handling demanding roles.
  • These observations were based on the broader realities of the labour market and workplace dynamics.
  • Ultimately, the Court disposed of the petition and asked the Central Government to consider the representation and explore the possibility of framing an appropriate policy in consultation with stakeholders.

Distinction Between Voluntary Policies and Legal Mandates

  • While expressing concerns about a compulsory law, the Court made an important distinction between voluntary workplace policies and statutory mandates.
  • The judges encouraged voluntary initiatives by employers or institutions that support women employees. Such policies allow organisations to adapt to their workforce needs without creating rigid legal obligations.
  • For example, some private companies and educational institutions have already introduced menstrual leave policies. Similarly, certain states have implemented limited provisions for menstrual leave in educational institutions. 
  • The Court indicated that such voluntary approaches may provide support to women without negatively affecting employment opportunities.

Broader Issues in the Debate

  • The discussion around menstrual leave highlights broader issues concerning gender equality in workplaces.
  • Supporters argue that menstrual leave recognises biological realities and promotes workplace dignity for women. It can help women manage severe menstrual pain, which may otherwise affect productivity and health.
  • Critics, however, argue that mandatory leave policies could reinforce gender stereotypes and discourage employers from hiring women.
  • Therefore, policymakers must balance workplace equality, health considerations, and labour market realities while designing such policies.

Source: TH | TOI

Menstrual Leave FAQs

Q1: What is menstrual leave?

Ans: Menstrual leave refers to leave granted to women during menstruation to manage menstrual pain or related health issues.

Q2: Why did the Supreme Court express concerns about mandatory menstrual leave?

Ans: The Court said compulsory menstrual leave could discourage employers from hiring women and affect their career opportunities.

Q3: Did the Supreme Court order a law on menstrual leave?

Ans: No, the Court asked the Central Government to consider framing a policy after consulting stakeholders.

Q4: Do any countries provide menstrual leave?

Ans: Yes, countries such as Spain, Japan, South Korea, and Indonesia have provisions related to menstrual leave.

Q5: Is menstrual leave currently mandatory in India?

Ans: No, India does not have a nationwide law mandating menstrual leave, though some institutions and companies provide it voluntarily.

OBC Creamy Layer Criteria: Supreme Court Verdict Clarifies Key Rules

OBC Creamy Layer

OBC Creamy Layer Latest News

  • The Supreme Court ruled that income alone cannot determine the creamy layer among OBCs and addressed the issue of equivalence between PSU/private sector employees and government employees in this context. 
  • Those classified as part of the creamy layer are not eligible for OBC reservation benefits, and the ruling clarifies long-standing uncertainties regarding the criteria used for such classification.

Supreme Court Clarifies Creamy Layer Criteria for OBCs

  • Background of the Case - The SC delivered its verdict on petitions challenging a 2004 Department of Personnel and Training (DoPT) letter that interpreted the creamy layer criteria under the 1993 Official Memorandum (OM) on OBC reservations.
  • Issue with the 2004 Clarification - The 1993 OM excluded salary and agricultural income from the income/wealth test for determining creamy layer status. However, the 2004 DoPT letter included salary income of PSU and private sector employees, leading to differential treatment compared to government employees.
  • Court’s Observation on Equality - The Bench held that excluding some candidates from reservation solely based on salary income—without considering the nature or level of employment—creates artificial distinctions among similarly placed OBC members.
  • Ruling Against Discriminatory Treatment - The Court ruled that treating children of PSU or private sector employees differently from government employees amounts to hostile discrimination. Such unequal treatment of similarly placed individuals violates the constitutional guarantee of equality under Articles 14, 15, and 16.

Origin and Evolution of the OBC Creamy Layer Concept

  • Introduction through the Mandal Verdict - The concept of the ‘creamy layer’ among OBCs was introduced by the Supreme Court in the 1992 Indra Sawhney vs Union of India (Mandal) judgment. The aim was to exclude the more advanced sections of OBCs from reservation benefits.
  • 1993 Government Guidelines - Following the ruling, the Department of Personnel and Training (DoPT) issued a circular in September 1993, defining the criteria for identifying the creamy layer within OBCs.
  • Categories Included in the Creamy Layer - The guidelines identified several categories as creamy layer, including individuals holding constitutional posts, Group A/Class I and Group B/Class II government officers, PSU employees, Armed Forces officers, professionals, businesspersons, and property owners, along with those meeting the income/wealth criteria.
  • Service-Based Criteria for Government Employees - Under these rules, children of Group A officers or those promoted to Group A before the age of 40 are excluded from OBC reservation benefits. Similarly, if both parents are Group B direct recruits, their children fall under the creamy layer.
  • Criteria for Armed Forces Personnel - For the Armed Forces, officers up to the rank of Lieutenant Colonel remain eligible for OBC reservation benefits, while those holding higher ranks are classified under the creamy layer.
  • Income Criterion for Non-Government Sector - For individuals outside government employment, the creamy layer was initially defined as those earning more than ₹1 lakh annually in 1993. This limit has been periodically revised and currently stands at ₹8 lakh per year since 2017.

DoPT Clarifications on OBC Creamy Layer: 1993 Guidelines and 2004 Interpretation

  • The 1993 OM issued by the DoPT laid down the criteria for identifying the creamy layer among OBCs, including service-based categories and income thresholds to exclude the more advanced sections from reservation benefits.
  • In October 2004, the DoPT issued a clarification stating that for employees in organisations where equivalence with government posts had not been determined, creamy layer status would be assessed based on parental income from salaries and other sources.
  • The clarification provided that if income from salary or other non-agricultural sources exceeded ₹2.5 lakh per year for three consecutive years (the then creamy layer limit), their children would be treated as belonging to the creamy layer.
  • Although issued in 2004, the clarification was not strictly implemented until 2014
    • It began to be applied effectively from the Civil Services Examination (CSE) 2015, when the DoPT started verifying caste certificates using these criteria.
  • The Union government had also considered a proposal to establish equivalence between posts in government organisations, public sector enterprises, universities, and private sector jobs for determining creamy layer status. 
    • However, the proposal did not progress to the Cabinet stage.

Income Criteria in OBC Creamy Layer and EWS Quota

  • The 1993 DoPT circular clearly stated that income from salary and agricultural land would not be counted while determining the income and wealth criteria for identifying the creamy layer among OBCs.
  • During hearings on petitions challenging the EWS reservation introduced in 2019, the Supreme Court questioned why the income limit for EWS and OBC creamy layer was the same at ₹8 lakh.
  • The government explained, based on the Ajay Bhushan Pandey Committee, that the two criteria differ in their calculation. 
  • For OBC creamy layer determination, income from salary and agriculture is excluded, whereas for EWS eligibility, income from all sources, including salary and agricultural income, is included.

Beneficiaries of the Supreme Court’s OBC Creamy Layer Ruling

  • Impact on Future Candidates - The ruling will benefit candidates appearing in upcoming examinations, as the revised interpretation of the creamy layer criteria may allow more OBC candidates to claim reservation benefits.
  • Relief for Existing Candidates in Services - Candidates already selected in government services may also benefit. Their service allocation or cadre placement could be revised, potentially enabling them to secure higher-ranked services or different cadres based on their updated OBC status.
  • Opportunities for Previously Unallocated Candidates - Some candidates who could not previously secure a service may now receive service allocation if their rank improves after being recognised as non-creamy layer OBC candidates.
  • Creation of Supernumerary Posts - The Supreme Court has directed the government to create supernumerary posts if necessary to accommodate eligible candidates affected by the ruling, provided they meet the required eligibility conditions.

Source: IE | TH

OBC Creamy Layer FAQs

Q1: What did the Supreme Court say about OBC Creamy Layer Criteria?

Ans: The Supreme Court ruled that OBC Creamy Layer Criteria cannot rely solely on income and must avoid unequal treatment between children of government employees and those in PSU or private sector jobs.

Q2: Why was the OBC Creamy Layer Criteria case filed?

Ans: The case challenged a 2004 DoPT clarification that included salary income of PSU and private sector employees in the creamy layer test, creating unequal treatment compared to government employees.

Q3: What is the origin of the OBC Creamy Layer Criteria?

Ans: The OBC Creamy Layer Criteria originated from the 1992 Indra Sawhney (Mandal) judgment, which mandated excluding socially advanced sections within OBCs from reservation benefits.

Q4: How is OBC Creamy Layer Criteria different from EWS income rules?

Ans: Under OBC Creamy Layer Criteria, salary and agricultural income are excluded while calculating income, whereas for EWS eligibility income from all sources, including salary and agriculture, is included.

Q5: Who benefits from the revised OBC Creamy Layer Criteria?

Ans: Candidates appearing in future examinations and some already selected candidates may benefit through revised service allocation, higher ranks, or new posts created to accommodate eligible non-creamy layer OBC candidates.

Seafarer Abandonment: West Asia War Raises Risks for Indian Seafarers

Seafarer Abandonment

Seafarer Abandonment Latest News

  • The ongoing West Asia conflict has highlighted the growing dangers faced by commercial sailors, particularly Indian seafarers, as tankers and merchant ships near the Persian Gulf and Strait of Hormuz come under attack. 
  • At least three Indian sailors have been killed, and industry experts warn of rising cases of “abandonment,” where shipowners stop supporting crews and vessels
  • Indians, who make up about 15% of the global seafarer workforce, account for the highest number of abandoned sailors, with 1,125 cases reported in 2025, nearly 18% of global abandonment incidents.

Meaning of Seafarer Abandonment

  • Seafarer abandonment occurs when shipowners stop providing support to crew members, leaving them stranded without wages, food, medical care, shelter, or means to return home. 
  • The Maritime Labour Convention (MLC), 2006 defines abandonment as the failure of shipowners to fulfil these essential responsibilities.
  • For many seafarers, particularly those from low-income backgrounds, leaving an abandoned vessel is difficult because they may have already paid significant amounts to agents for employment or training.
  • Port regulations or visa restrictions often prevent abandoned sailors from going ashore, forcing them to remain on board ships without support while hoping for assistance from shipowners or authorities.

Reasons Behind Seafarer Abandonment

  • Shipowners may abandon their crews when faced with rising operational costs, volatile freight rates, heavy debts, bankruptcy, or geopolitical conflicts. 
  • In such situations, some owners choose to cut ties rather than pay wages, maintain vessels, or arrange repatriation for crew members.

Role of the “Flag of Convenience” System

  • A major factor enabling abandonment is the Flag of Convenience (FOC) system, under which ships register in countries offering lenient regulations, lower taxes, and weaker labour protections. 
  • This allows shipowners to bypass strict safety and labour standards.
  • FOC registrations often hide the real ownership of vessels, enabling unscrupulous operators to avoid accountability and abandon ships and crews without facing legal consequences.
  • According to the International Transport Workers’ Federation (ITF), about 30% of the global merchant fleet sails under FOCs, and 90% of abandoned ships in 2024 were registered under such flags. 
    • Panama recorded the highest number of abandonment cases in 2025.

Impact of the West Asia Crisis

  • Experts warn that ongoing conflict in West Asia could worsen the situation. 
  • Financial stress on shipping companies operating in the region may increase the risk of more vessels and seafarers being abandoned in the future.

Recent Cases of Abandoned Indian Seafarers

  • Several recent incidents highlight the growing problem of Indian seafarers being stranded on vessels in conflict-prone or unstable maritime regions.
  • MV Manali (March 2026): Twenty Indian sailors and two others were stranded near Bandar Abbas Port in Iran during active bombings and appealed for rescue through social media.
  • During abandonment, food, fuel, and drinking water often become scarce, forcing crew members to depend on nearby ports or external assistance for basic supplies.
  • Regions with Frequent Abandonment Cases - Abandonments frequently occur in high-traffic or politically unstable maritime zones, including Turkey, the UAE, and the broader Gulf region, particularly near conflict-affected waters.
  • Repatriation Efforts - Between 2025 and 2026, more than 100 Indian seafarers were repatriated from 14 vessels stranded in ports such as Sharjah (UAE), Tartus (Syria), Shinas (Oman), and Qatar.

Why Indian Seafarers Are More Vulnerable to Abandonment

  • Many Indians view seafaring as a pathway out of poverty, especially in smaller towns and rural areas where maritime salaries are significantly higher than local earnings.
  • A rise in rogue recruitment agents has worsened the problem. These agents often charge large fees for fake job placements, forged certificates, or non-existent opportunities, leaving recruits financially burdened and vulnerable.
  • Experts point to regulatory weaknesses, such as the ease of obtaining a Continuous Discharge Certificate (CDC) through short courses, which creates unrealistic expectations of guaranteed employment.
  • With more recruits entering the maritime sector than available jobs, many Indian sailors end up working on high-risk or poorly regulated vessels, increasing their chances of abandonment.

Protections and Support Mechanisms for Seafarers

  • International Support Through ITF - Abandoned seafarers can seek assistance from International Transport Workers’ Federation (ITF) inspectors, who help with wage negotiations, legal support, and repatriation.
  • Assistance from Indian Authorities - Indian seafarers can contact the Directorate General of Shipping (DG Shipping) through its round-the-clock helpline for embassy assistance, emergency funds, and grievance redressal. Complaints can also be filed through the regulator’s website.
  • Preventive Measures for Seafarers - Experts advise sailors to verify Recruitment and Placement Service Licensees (RPSL), avoid agents demanding fees, and ensure contracts are genuine. Early contact with welfare organisations can help prevent severe crises.
  • Role of the Directorate General of Shipping - In India, the DG Shipping oversees verification of ships, shipowners, and recruitment agencies to ensure compliance with maritime regulations and protection of seafarers’ rights.

Source: IE

Seafarer Abandonment FAQs

Q1: What is seafarer abandonment?

Ans: Seafarer Abandonment occurs when shipowners stop supporting crew members, leaving them stranded without wages, food, medical care, or repatriation, violating obligations under the Maritime Labour Convention.

Q2: Why has seafarer abandonment increased recently?

Ans: Rising operational costs, economic stress on shipping companies, geopolitical conflicts, and the widespread use of flag-of-convenience ships have contributed to a surge in seafarer abandonment cases.

Q3: Why are Indian sailors heavily affected by seafarer abandonment?

Ans: Indian sailors face higher risks due to socioeconomic pressures, oversupply of seafarers, fraudulent recruitment agents, and limited awareness, which often place them on poorly regulated vessels.

Q4: What role does the flag-of-convenience system play in seafarer abandonment?

Ans: The flag-of-convenience system allows ships to register in countries with weak labour regulations, enabling owners to hide identities, avoid accountability, and abandon crews without strict legal consequences.

Q5: What protections exist for victims of seafarer abandonment?

Ans: Abandoned sailors can seek assistance from ITF inspectors, contact India’s Directorate General of Shipping helpline, report companies online, and receive support from welfare organisations for repatriation and legal help.

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