MENSTRUAL EMPOWERMENT: THE RIGHT TO BLEED WITH DIGNITY By: Sakshi Prashant Thorat
MENSTRUAL EMPOWERMENT: THE RIGHT TO
BLEED WITH DIGNITY
Authored By: Sakshi Prashant Thorat
College: Thakur Ramnarayan College Of
Law
Contact No: 9757350986
Abstract of the study
This study aims to examine the
menstrual rights of women. The various facets pertaining to the growth of
menstruating women. The hindrance caused in attainment of such right, it
cautiously marks the transformation in our society and further leaves a scope
for improvisation in future. It aims in creating a equivalent environment for
all in general and one’s menstrual status should never be construed as an
impediment against the same.
Keywords: Menstruation, menstrual education,
female rights, transformation, menstrual Health, menstrual rights, empowerment.
Introduction
Menstruation: A Stigmatized
Predisposition
From time immemorial, we all have
witnessed the predisposition or taboo associated with menstruation. One of the
most natural and biological processes has been subjected to criticism because
of the prejudice transmitted through generations without questioning the
invalidity behind such denigrating conduct. Females right from the inception of
adolescence, the complex nature of transformation which becomes one of the
significant aspect of a women’s life is shadowed under a taboo of impurity.
Wherein a notion purports a woman to be a creature of vulnerability, fragile
countenance, she as a whole unit establishes an exemplary of stoicity which was never recognized adequately. This
disposition which was not only confined to the familial setting crucial for her
growth further culminated to work environment instead of promising a safer
space it mocked her existence and her perseverance throughout the entire
ordeal. It is a preconceived notion,
that seldom one comes across is that women are crafted for endurance, to
accommodate pain without establishing or expressing assistance for the same. It
is the pressing need of the hour to transform such degrading beliefs and
visualize a female not only in terms of a female but a human who possesses
rights, the same who is entitled to a live a dignified life without being
deprived by the reason of any biological consequence.
The Physical & Psychological
Transformation
When we speak about Menstruation, it
is equivalently critical for us to interpret the entire biological process
forming part of a female ‘s system as well its impact on her routine
operations. Menstruation which in simpler parlance could be construed as cycle
characterized by bleeding via vaginal discharge of blood regulated in a monthly
pattern. However this is subject to variation and may differ from one female to
another as per the hormonal imbalance leading to the same. This further is accompanied by physical
symptoms of cramps, stomach ache, exhaustion paired with fatigue, lower back
pain. Now this could be considered as a more physical reflection of such
process, however it becomes Essential to examine the psychological position and
state coupled with physical changes. The consequence being loss of blood
further leading to drain of energy could be affiliated with irritation,
annoyance, inconsistent mood fluctuations etc . The result of which that women
are often discovered in a distressed state during the timeframe of her cycle.
Hence instead of vehemently regarding her state as irrational solely based on her
conduct during that particular point of time, unrewarded assistance or even
miniscule acts of validation can supplement her condition in a positive manner.
Menstruation: A Celebrated Cause and
its Mythological incidence
Various mythological folklore have
substantiated the commencement of menstruation as a practice gifted to the
female system since the prevalence of Gods & Goddesses and their supreme
transformation from supernatural existence to human life. It was previously
known as a practice affiliated to the male system wherein males had the
potential to bleed as a reason of biological consequence. Thus hereby, the
Creator of the universe Lord Shiva himself has undergone this process on
numerous accounts. Whereas the source of generation of menstrual flow in
respect of a male was from their armpits. When on the occasion of war Lord
Shiva could not participate in the same due to such consequence of
Menstruation, Goddess Parvati the Adhi Shakti, the Divine counterpart of Lord
Shiva as a mark of reverence and affection sought the inception of such gift in
order to relieve her husband of agony. Thereby marking the tradition of
menstruating for females who shall willingly embrace such biological
transformation without resistance. Lord Shiva obliged accordingly and bestowed
this gift onto Goddess Parvati.
Another Mythological incidence states
that a distinctive structure was created for Goddess Parvati during the
subsistence of her cycle, subsequently such structure was worshipped and
revered and received the significance of an auspicious Structure. Greek
Mythology has propounded it’s own mythological beliefs and perceptions
pertaining to Menstruation. Goddess Medusa who is worshipped and simultaneously
deemed to be as an epitome of feminine sensitivity, fertility, intellect was
associated with menstruation. In ancient Greek, maidens who have not yet
attained adolescence at the inception, worshipped and proceeded with offerings
to Goddess Artemis who signifies the reproductive development of women. Menstruation
at the same time have been connected to the notions of attainment of
immortality. Thus there are various instances wherein menstruation is construed
to be a process of purification, glory and accomplishing feminine dignity. The
spiritual perception underlying menstruation states the complex transformation
of women which characterizes her innate development by embracing growth,
attainment of maturity and more precisely developing connection with our very
own bodies which are a vessel of change that are remarkably built.
Menstruation and the Victims of
Disparagement
It is a grieving state that on
numerous accounts we have either witnessed or maybe unintentionally submitted
into such depreciative conduct which criticizes the process of menstruation.
This could be ranging either through expression, an implied conduct which
establishes a pattern of seclusion, or even several times adopted oppression as
a normal circumstance and phase of a women’s life. This continuance in
suppression raises a presumptive whether we desire to transform our position
and get rid of such persecution the prevalence of such practice is untraceable
or do we wish to indulge in persistent condemnation of such natural process
through years of being acquiescent? The answer lies in our perception which is
solely based on the initiative to improvise our state, eliminate ignorance with
flexibility of time and most significantly inculcate culture of openness which
embraces natural patterns with dignity.
The pattern of SECLUSION: Who
invented it?
It is relatively difficult to trace
the deprecating pattern of seclusion which is in unobstructed observance
throughout generations. Who introduced the ideology of excluding menstruating
women from submitting their participation in societal affairs be it a
celebration, a religious congregation etc . In some parts , wherein
menstruation is still construed to be as an omen rather than biological
circumstance, an abominable implication prevails that women should dissocialize
until the subsistence of the cycle , this includes extreme display of seclusion
debarring her existence from regular activities, resigning into isolation even
in the most serious nature the meals and water are served differently to her .
Doesn’t such conduct conveys practice of untouchability which is abolished or
abrogated which was in contravention of constitutional safeguards? It leads us
to the same question, investigating the source which has cited such norms to be
observed when a women menstruates. No man, woman or even supernatural
incarnation has opposed this natural practice. Then it clearly raises a
presumptive that in absence of such conclusive evidence substantiating the same,
whether such pattern of seclusion is merely based on the foundation of
speculation about what is right or wrong? Whether such conduct has been
corroborated by any scientific application?
When A process like Menstruation which is purely a natural circumstance
failed to coincide with morality? And if this is purely a figment of observance
of some conduct throughout several generations, thereby have women forbear
their right to live with dignity due to cause of menstruating? Keeping aside
the transgressive societal sanctions who always induced intervention in
regulating a women’s life. Any human under no circumstances shall be subjected
to subjugation because of one’s rank in the societal stratification, gender
demarcation, or even on the basis of a natural circumstance like
Menstruation. It has become expedient
for us to analyze the resonation behind such conduct and thereby eliminate
impediments and withdraw from such inhumane pattern of seclusion and break the
cycle.
Nirjhari Mukul Sinha Vs. Union of India 2021
Facts
·
A
writ petition under Article 226 was filed in the interests of the menstruating
women thereby addressing the concern of seclusionary practices endured by
females during the subsistence of their cycle.
·
Apart
from acknowledgement of such anti social practice, the petition filed in the
nature of mandamus further implored the concerned authorities for promulgation
of legislative measures which curtails such prohibition by formulation of
appropriate directions thereby empowering women on the basis of their menstrual
status .
·
An
adequate advisory issued by the Concerned authorities accompanied with
unanticipated supervisionary checks would create deterrence amongst such
perpetrators who voluntarily and willfully indulge in such demeaning practices
moreover it would ascertain that no educational institutions, hostels or any
institution created for the purpose of sustenance or thereby supporting livelihood
of females engage in such anti social conduct .
·
There
raises a need for proper allocation of funds for the purposes of imparting
awareness amongst the citizens about the biological process of menstruation and
its lack of affiliation with notions of purification and contamination further
restraining individuals to exercise such depreciative conduct.
·
This
action was instituted in accordance of an unfortunate event wherein women were subjected
to unimaginable atrocity of establishing the need to prove the consequence of
menstruation through the intrusive and disregarding measure of strip test. This
in turn has aggravated the petitioner ‘s intent of highlighting the
deteriorating condition of today’s societal affairs.
·
Such
exclusionary practices have not only the caused the infringement of fundamental
rights guaranteed under Article 14, 15,17 and 21 but also exhibit a fragment of
untouchability against the aggrieved parties thereof.
·
Now
such exclusionary practices would subsequently range from exclusion from
submitting participation in religious or spiritual events , restraining access
into kitchens , living quarters , prohibition from touching food by such
menstruating women on the grounds of abhorrent speculation that engagement in
culinary during the time frame of menstruation would render impurity upon such
food thereby contravenes the pious
nature and state of things . This is the recognition of the alarming condition
which is delved upon in our society and the nature of suppression inflicted.
·
Due
to prevalence of such ignorance in our society, there still exists absence of
sanitary facilities which has compelled such miserable state and the victims
have ultimately compromised to such unhygienic conditions. The writ petition
subsequently succeeded in addressing the concern of Stigmatization associated
with menstruating women in our society which needs to be transitioned at the
earliest simultaneously it further mentioned lack of awareness about the
process of menstruation commences from the primative years of educational life
of a student hence it is expedient in the general interests of children that
such awareness must be imparted at an early age so they attain precocity to
deal with menstruation in a prudent manner .
·
Also
the State shall further endeavour to eliminate such practice of exclusion by
dissemination of information about the biological consequence of menstruation
which thereby aids in eradicating societal predisposition associated with
menstruation.
Judgement
In respect of the
aforementioned circumstances, the Hon’ble Court has observed the said condition
and proposed directions accordingly:
1. The State shall endeavour to curb the
exclusionary practices associated with the process of menstruation and empower
the position of the women.
2. It shall further adopt relevant
measures for exercising dissemination of information pertaining to the
menstrual biology through various platforms, audio visual aids. Subsequently
seek engagement of NGOs and other institutions maximizing welfare of women at
large.
3. It shall further proceed with
implementation of sanitization measures thereby preventing the risk of health
complications culminated through unhygienic conditions therein.
4. In addition, it shall cause proper
allocation of funds for the implementation of such directions accordingly.
5. It shall subsequently monitor the
progress of such mechanism in implementation and further prescribe disciplinary
action in case of violation of such directions thereof.[1]
Menstruation: Debarred from
Expression
It has always been a hush hush affair
wherein menstruation is concerned. Somewhere the negative ideology with respect
to menstruation persists which connotes the expression of such process to be
contrary to notions of morality and sanctimony. It has always been subjected to
forbiddance especially when in confrontation with other respective gender i.e
males. Taking into consideration the private nature of such biological
circumstance there is no need to succumb to societal embarrassment. Neither
being subjected to any judgement of the society for such natural process which
regulates the functionality of the female system. The restraint on expression
is cultivated into females right from the familial atmosphere which is further
carried into their peer atmosphere, organizational environment etc. How long
would this compulsion exist? It is now expedient in the interests of females
that we should dispel such anti social notions which levies unreasonable
restraint, dissuade from engaging into such conduct and most significantly the victims should
validly initiate such conversations which includes the expression of
menstruation with any individual irrespective of their gender which would aid
in dissipation of fear associated with menstruation .
Nowadays varied campaigns and social
events aim at addressing and acknowledging the concern of menstrual disparity
and thereby educate masses at large to refrain from engaging into degrading
conduct against menstruating women. Social media has played a crucial role in
expansion of one’s vision, altering one’s perception towards the conceptuality
of Menstruation but ofcourse a transition of such magnanimous attribute would
consume time and thereby such practice would attain accomplishment only when
each and every individual has accommodated such change in their day to day
life.
Menstruation: The Unblemished Stain
on the Sanctity of a Women
Lately the perceptions may have
undergone change and people are attempting to adopt sensitivity towards the
notion of menstruation in general. However from primative years menstruation
was nothing but a stigmatized predisposition, associated with the ideology of
being corrupt or impure. One of the illustration of such degrading practice is
that women were constrained from touching pickles as it would render the
product to be contaminated by her touch and various other practices which are
of such unscrupulous nature which are nothing but a consequence of vicious
intentions which is further aggravated in committing crimes against menstruating
women. On several accounts, women are subjected to absolute petrification
solely on the basis of developing a stain whilst engaging in a social
environment, the despair that follows subsequently when she is remarked or
victimized. In order to eliminate such situation, one should firstly understand
the repercussions in association with Menstruation. Menstruation was never a
stain on the modesty of a women but rather it is preconceived negatively, it is
our own indignation which has ridiculed this practice. Menstruation a natural
process of such extent which not only regulates the development of a female
body but subsequently builts up the potential of procreation in future should
not be shunned. If Menstruation contributes in incorporation of resilience in a
female ‘s body then she should proudly adorn the Stain without fear of any
sort.
Menstrual Education For all
When we speak of menstrual education,
the process of awareness is not only confined to the female class who are
dispensed with such biological transformation but it aims to encompass each and
every individual irrespective of their gender to be acquainted with menstrual
biology in general sense. For a very longitudinal span, this practice was
shadowed as a taboo, a stigma this consequently resulted in ignorance
associated with menstrual conditions. The lack of maturity culminated from the
lack of experience and the exposure to deal with such process has intensified
the situation and have not only injured the dignity of women for a protracted
span but also has subjected the female class to insurmountable ignominy
throughout generations. It is imperative to educate various sections of the
society and possibly enlighten them to interpret the true nature of
Menstruation rather than criticizing it. This change would indefinitely consume
time and on several accounts it will be marked with opposition as it is somewhere
deeply embedded in the very fabric of our society.
The means assigned with imparting
menstrual awareness cannot be limited as the objective is to propagate
awareness which is not only constrained to areas centralized with opportunities
but also to those remote destinations which should not be left neglected.
Educational campaigns through audio -visual representations, social media
platforms and varied other initiatives undertaken to eliminate such grossly
situation and alleviate the position of women in society.
The most rudimentary form of
acquiring menstrual education should commence from our primitive stage of
attaining qualification i.e from schools. Schools are not just centres
constituted to impart education but simultaneously they hereby play a vital
role in sculpting the personality of children, in development of their
perception and transforming them into a learned citizen. Menstrual education in
such institutions must not be reduced to classes for specific gender this would
never resolve the problem. The vision is to inculcate the culture of openness
in young boys & girls who shall be simultaneously be acquainted with such
biological process which to a considerable extent would aid in eradication of
such degrading practice which criticizes menstruation.
Apart from instrumentalities
entrusted with the development of society, it is the vested endeavour of every
citizen of the nation to submit their contribution as suited to the
circumstances therein. Menstrual education commences from our very own family
of orientation which models our ideological belief which is infact the indicia
of our replication in the society. Parents who play a critical role in the
development and upliftment of their children should adopt initiative to educate
their ward about process of Menstruation rather than concealing it. Especially
fathers who are looked upon to be as aspirational models by his children must
also be aware of the innate aspect of their child’s development. It is critical for Mothers to infuse awareness in her children
who shall subsequently learn to absorb her reasonability and intellect and
lastly the brothers who also have a significant role to play as they are
expected to subsume the change , learn to extend unconditional support and
never retract and extricate themselves from this acquaintance as they are not a
separate part of the society they are a part of the nature , and is rightly
observed nature always demands balance and Harmony.
Unhygienic Conditions: Forfeits the
right to menstrual health
Just installation of sanitary vending
machines is inadequate, proper disposal mechanisms must be brought into
existence because in absence of the same the sanitary interests of the
aggrieved are still jeopardised. Unhygienic Conditions often thrive from
negligence and lack of scrutiny. Proper restrooms, sanitisation of the same are
the need of the hour. If we have adopted the path of transition one must not be
compelled to submit to comprise wherein unhygienity is the concern.
A Pad for a Pad would make the World
an Effusive place
In the light of today’s revolutionary
age, age old conventions which had been prevalent since eons if discovered to
be socially derogatory are hereby abrogated in the interests of the society. An
age dawns which no more resides in darkness, but is critically aware of one’s
rights and obligations in consonance to the environment. One must understand
the onus to make world a better place for each of one us lies ultimately on us.
Let the world be a centre of adaptation and reverence for all living organisms.
Let the world be an Effusive place which embraces change, growth and
subsequently development and if a Pad is the key to it so be it!!!