This article is written by Areeba Ahad of Vitasta School of Law and Humanities, an intern under Legal Vidhiya
ABSTRACT
Every month, a woman’s body undergoes physiological changes that are related to her menstrual cycle in order to get ready for pregnancy. At puberty, menstruation begins, and it lasts until menopause. The cycle typically lasts 28 days, however it can last anywhere between 20 and 40 days. Menstruation can become a period of stigma and deprivation for some people due to gender discrimination, extreme poverty, humanitarian crises, and damaging customs, which can jeopardise their ability to exercise basic human rights. This is true for menstruating nonbinary people, transgender men, and women and girls. Lack of knowledge about menstruation can result in discrimination and harmful stereotypes, as well as prevent girls from participating in activities and experiences that are often part of childhood. Teenage girls and boys are denied the chance to learn about menstruation and form healthy behaviors because of stigma, taboos, and misconceptions. The “Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022” has recently been introduced as a proposed piece of legislation. This measure seeks to expand the benefit to students and give three days of paid leave for women and transwomen during their periods.
KEYWORDS -physiological, menstrual cycle, Menstruation, gender discrimination, taboo
MENSTRUAL CYCLE IN DIFFERENT PERSPECTIVES_INTRODUCTION
The monthly set of adjustments a woman’s body makes to get ready for the potential of pregnancy is known as the menstrual cycle. Ovulation is the term for the monthly release of an egg from one of the ovaries. Hormonal changes also prepare the uterus for pregnancy at the same time. The lining of the uterus sheds through the vagina after ovulation if the egg is not fertilised. It is menstruation at this time.
MENSTRUAL CYCLE -A SOCIAL TABOO
Despite our claims of gender equality and women’s empowerment in the twenty-first century, the reality remains somewhat improbable. Women may have achieved success in many areas of life today, but somewhere, they are still fighting to remove their veil. A woman is constantly instructed to abide by the social norms that society has established for her in the guise of tradition. When examining the world’s major faiths, it becomes clear that menstruation women are subject to limitations in every single one of them. Menstruation and its detrimental effects have been discussed in detail by Judaism, Christianity, Islam, Hinduism, and Buddhism. As a result, these religions forbid women from going to religious gatherings, cooking, engaging in physical closeness, and occasionally even living together at this time. Even now, the cultural and social factors appear to be a barrier to the progress of knowledge on the topic in India, where it was once considered taboo to even bring up the subject.[3] Menstruation is still regarded as filthy and disgusting on a cultural level in many parts of India. This myth’s origins can be traced back to the Vedic era, and it is frequently connected to Indra’s killing of Vritras. Because women are said to have shared some of Indra’s guilt, it is said in the Veda that the guilt of killing a Brahmana-murder is said to manifest itself every month as menstruation.[4] In addition, Hindu women are not allowed to engage in regular activities when they are menstruating. According to a report commissioned by United Nation Population Fund (UNFPA) shame, taboo and misconception surrounding menstruation lead to exclusion and discrimination of girls and women, which a serious human rights concern. From Israel to Afghanistan, women are told not to wash their vaginal region during menses because it is believed to cause infertility, leading to unhealthy hygiene practices. According to the UNICEF, traditional Bolivian beliefs misinforms young girls and women that disposal of menstrual pads along with other garbage can lead to sickness or cancer. Across the world, girls are warned against using tampons and menstrual cups as it is believed to lead to loss in virginity.
DR. NOOR JAHAN SAFIA NAIZ V. STAE OF MAHARASTRA AND ORS 26 AUG 2016
BENCH OF JUSTICE KANADE AND JUSTICE REVATI MOHITE DERE said that women should be permitted to enter the dargah because the ban went against the constitutional provisions that guaranteed them the right to equality,right to non discrimination,and right to religion. In this case the court allowed entry of women inside Haji Ali dargah
SABRIMALA TEMPLE ISSUE _Indian Young Lawyers Association & Ors. V. The State of Kerala & Ors. (2018)
The majority came to the conclusion that women’s exclusion from Sabarimala infringed their fundamental rights, regardless of their age (10 to 50). They added that followers of Lord Ayyappa didn’t create a brand-new religious sect. Justices Misra, Khanwilkar, and Chandrachud claimed that the tradition was not a fundamental aspect of religion. The majority of the judges did not specifically specify whether the custom breached Article 14’s right to equality, but they did state that it did so under Article 15, which prohibits discrimination. According to Justice Chandrachud, any form of social exclusion motivated by standards of “purity” is covered by the broad guarantee against untouchability. Additionally, Rule 3(b) of the Public Worship Rules approved the practise of forbidding women as being unconstitutional.
By a 4:1 majority, the court determined that the practise violated Articles 14, 15, 19(1), 21, and 25 as well as the fundamental rights to equality, liberty, and religious freedom. (1). The Kerala Hindu Places of Public Worship Act’s Rule 3(b) was ruled to be unconstitutional. Hindu faiths were allowed to prohibit women from attending public places of worship as long as the restriction was based on custom. Women of all ages are now welcome into the Sabarimala Temple thanks to a Supreme Court decision that stated “devotion cannot be subjected to gender discrimination.
NIRJHARI MUKUL SINHA V. UNION OF INDIA 26 FEB 2021
The court exercised its freedom to discuss the taboos and stigmas related to the topic of menstruation. The court concluded that such taboos concerning menstruation, which are prevalent in many communities, have an impact on women’s and girls’ emotional states, mentalities, lifestyles, and, most crucially, health. In many less economically developed nations, a significant portion of girls stop attending school when they start their period. In addition, the monthly menstrual cycle presents challenges for female teachers. Because females have very little information and awareness of puberty, menstruation, and reproductive health, it is difficult to overcome the socio-cultural taboos and attitudes surrounding these topics. The Gujarat High court has proposed to prohibit the social exclusion of women on the basis of their menstrual status at all public,private and religious places.
MENSTRUAL CYCLE AND PERIOD POVERTY
Millions of women and girls suffer and are even put in danger because they cannot afford the most basic period care, which is a problem that affects the entire world. Period poverty is characterised as a woman’s overall inability to purchase menstrual hygiene items. Products go beyond menstrual cups, tampons, and sanitary pads. It also involves a wide range of other issues, such as the price of medical facilities, among many others. It causes objects like clothing, toilet paper, rags, and other sanitary materials to transform to unhygienic ones. A significant barrier to attaining menstrual equity has been the lack of access to sanitary products and education.
MENSTRUAL LEAVE
Throughout their menstrual cycle, women feel varied degrees of physical discomfort and agony. Hormonal changes that accompany this also cause mood and emotional changes. In a typically fast-paced workplace during such a period, women could find it challenging to maintain a regular level of productivity. A lot of women also experience menstrual-related illnesses such ovarian cysts, endometriosis, dysmenorrhea, etc. Menstruation has a stigma linked to it, so much so that even casual conversation about it is avoided. Due to this, the idea of “menstrual leave” continues to be a severely underreported problem in India.The American College of Obstetricians and Gynecologists’ states that dysmenorrhea, or period pain, is a typical occurrence. Every month, one or two days of pain are experienced by more than half of menstrual women. Some people’s discomfort is so bad that they can’t function normally for several days. As has been stressed and seen in recent years, creating an inclusive workplace acquires tremendous relevance. Menstrual leave implementation is a significant step towards eradicating decades of stigma. To promote the wellbeing of the organization’s employees, it is crucial to adapt to the workplace practises that are always changing. The Government of Bihar was ahead of its time in this regard, despite the fact that organisations have only lately started to apply the practise of offering menstruation leave and that the current Indian legal system has not yet addressed this issue. Organisations should implement policies, provide necessary benefits, and provide all employees with support in order to facilitate and maintain a safe and healthy work environment.
MENSTRUAL CYCLE RELATED TO HUMAN RIGHTS
Every human being is endowed with certain rights as a result of their inherent worth. Menstruation and human dignity are inextricably linked; when people lack access to clean bathing facilities and reliable methods of managing their menstrual hygiene, they are unable to control their periods with respect. Teasing, marginalisation, and shame associated to menstruation also violate the idea of human dignity.
Menstruation can become a period of stigma and deprivation for some people due to gender discrimination, extreme poverty, humanitarian crises, and damaging customs, which can jeopardise their ability to exercise basic human rights. This is true for menstruating nonbinary people, transgender men, and women and girls.
List of universally agreed human rights
The right to health – Women and girls who lack the tools and resources to control their menstrual health may suffer negative health effects. Menstruation-related stigma can also discourage women and girls from seeking care for their disorders or pain, which has a negative impact on their ability to enjoy the best possible level of health and well-being.
The privilege of education Higher rates of absenteeism from school and subpar academic results may be caused by a lack of a secure location or the capacity to manage menstrual hygiene, as well as a lack of medication to address pain connected to menstruation. Studies have shown that girls’ attendance and performance at school decline when they are unable to regulate their periods properly.
The privilege to labour Women’s and girls’ access to safe menstrual hygiene management methods is poor, and there is a dearth of medication to treat problems or pain associated with menstruation. They might choose not to accept a position or be forced to forfeit pay and working hours. Bathroom breaks and other demands linked to menstruation may be penalised, creating unfair workplace circumstances. Additionally, menstrual taboos may cause discrimination against women and girls at employment.
The right to gender equality and to be free from discrimination Menstrual stigmas and standards might encourage discriminatory behaviours. Menstruation-related restrictions on participation in education, the workforce, healthcare, and public activities further support gender inequality.
THE RIGHT TO BLEED WITH DIGNITY
The menstruation movement, sometimes known as the period movement, has become more popular in the US since the 1970s. Toxic shock syndrome, a rare and fatal condition brought on by bacteria developing in tampons used to collect menstrual blood, sparked the movement in the 1970s. The movement emphasises a woman’s individual comfort.
Additionally, the initiative has resulted in free sanitary items in school bathrooms. In an effort to promote “menstrual equality,” efforts are currently being made to extend this campaign to trans men who menstruate as well. In order to assert unheard of menstruation rights, numerous institutions in the United States are giving away period supplies in men’s restrooms.
MENSTRUAL BENEFIT BILL 2017
The Menstrual Benefit Bill, 2017 was first introduced by Shri Ninong Ering, Member of Parliament, as a private member’s bill before the Lok Sabha with a motive to facilitate women with certain menstrual benefits at workplaces or in institutions of education. The same bill was introduced again this year on the first day of the Budget Session of 2022 before the Arunachal Pradesh Legislative Assembly which was dismissed by the Legislative Assembly as it deemed it to be an ‘unclean’ topic.
CONCLUSION
Teenage girls and women should realise that menstruation is just a very common biological phenomena and that it is the only reason they have the ability to reproduce. The government can lessen stigma by becoming educated, normalising conversations about periods, enforcing gender-sensitive policies (mandatory menstrual hygiene sensitization programmes, menstrual leaves), offering sanitary products and services in schools and workplaces, prioritizing menstrual health and well-being as much as food, water, or medications, and updating health curricula in schools and universities.
REFERENCE
Period poverty: everything you need to know.
https://www.globalcitizen.org/en/content/period-poverty-everything-you-need-to-know/?template=next
https://www.thelancet.com/journals/lanpub/article/PIIS2468-2667(21)00212-7/fulltext
https://blog-ipleaders-in.cdn.ampproject.org/v/s/blog.ipleaders.in/should-the-menstrual-benefit-bill-be-passed/?amp=1&_gsa=1&_js_v=a9&usqp=mq331AQIUAKwASCAAgM%3D#amp_tf=From%20%251%24s&aoh=16819011488453&referrer=https%3A%2F%2Fwww.google.com&share=https%3A%2F%2Fblog.ipleaders.in%2Fshould-the-menstrual-benefit-bill-be-passed%2F https://www.lawyersclubindia.com/judiciary/nirjhari-mukul-sinha-v-union-of-india-2021-social-exclusion-of-women-on-the-basis-of-their-menstrual-status-5060.asp
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