Wisdom Crux

Menstrual Taboo

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[Volume 2, Issue 8] – August, 2017

Author – Arushi, B.A.LL.B. with specialization in Energy Law,  College of Legal Studies, University of Petroleum and Energy Studies, Dehradun

ABSTRACT 

“She goes through pain. She goes through some heavy rain.

World saw her eyes in tears. Only she knows she has to stay clear.”

The woman, who has a diverse power of creating the world and has the potency to uphold the decree of the nature. Yet still, she is in boundaries made by men. Today’s century is considered to be modernized era. The era in which woman is breaking all gender and conventional stereotypes. Most of the girls would still be familiar with this cliché moment “Don’t touch the pickle.” Menstruation is that process which is natural. This is an ordinary process of the reproductive system of the women. But the people has made this process of such a huge dealing that it has forced the women to think that why didn’t I born like men? The euphemism like “I am down” is also used to denote such kind of process. The patriarchy of the society has forced such ideology on the religion which is just implausible. The article analyses the process of menstruation and how the attitude of the society converted this process into taboo and linked it through the culture?

Keywords: menstruation, nature, stereotypes, Vedas, woman.

What is menstruation?

“Menstruation” is the shedding of the lining of the women’s uterus which results into the discharge of the blood and tissues which goes through the vagina. It is a normal biological process which occurs during the age of 12-14 years of age and which continues the cycle till the age of 50, known as menopause. It is a cycle of 28 days which occurs every month.

Why is it Necessary?

The uterus is the womb that will cradle a fetus as it grows. A fertilized egg will implant here, and it is important for the uterus to have a nice fresh supply of nutrients and goodies to help the egg during early development. But, the uterine lining has an expiration date. If the woman does not become pregnant, then the lining is cleared out during menstruation so that a fresh one can be built.[ref] Katie Chamberlain, What is Menstruation?-Definition & Cycle, Study.com (Sep.2, 2017, 12:02PM), http://study.com/academy/lesson/what-is-menstruation-definition-cycle.html [/ref]

Taboo in our Culture

Our country is considered to be a patriarchal country but once it was not. The women were recognized of the highest of order and most preferably as “goddesses”. The women were to be treated as a supreme soul as it was the one who makes the effort to give birth to men and gives the power to men to understand the essence of the universe. The women were honored as the most influential force in some of the Upanishads, particularly Devi Upanishad[ref] McDaniel 2004, pp. 90-92 [/ref], Devi Mahatmya[ref] C. Mackenzie Brown (1990), The Triumph of the Goddess, State University of New York Press, ISBN , page 77 [/ref] and Devi-Bhagavata Purana[ref] Thomas Coburn (2002), Devī Māhātmya: The Crystallization of the Goddess Tradition, Motilal Banarsidass, ISBN 978-8120805576, pages 138, 303-309 [/ref]. 

But in Manusmriti, the women’s position is contradictory in nature in Hinduism. Let’s take an example. On the one hand, Manusmriti said that the “Women must be honored and adorned by their fathers, brothers, husbands, and brothers-in-law, who desire (their own) welfare.” [ref] http://www.loyno.edu/~wessing/docs/Manu.html [/ref] It means that it is the duty of the fathers, brothers, husbands and brother-in-law that women should be protected, honored and embellished with the jewelries. On the other hand, it said that “The houses, on which female relations, not being duly honored, pronounce a curse, perish completely, as if destroyed by magic.”[ref] http://www.loyno.edu/~wessing/docs/Manu.html [/ref] It means that where the women are not safe and honored then those houses would be cursed by deity. It is very ambiguous that women is honored by everyone and everyone owes a duty towards her but at the same time, she is dependent on them and lurks with some kind of evil curse that would ruin that person and his family if they dishonors her. The laws of Manusmriti were made to be followed by the people and the society of that time so that there should not be havoc. It was created to create uniformity in society. According to upper verse, the women should be treated with honor and respect. Then how is she separated when she is on her menstruation? Is she stopped being a woman?  If it was meant to be followed then in today’s perspective, it must have created lots of controversy and we still be dealing with the caste system and women wouldn’t be able to allow leaving the house and doing the job. The smritis were once played the major part but now it is not necessary that the laws of Manusmritis should be followed in 21st century. Our laws of Hinduism are dynamic. The world is changing so should we? Otherwise, we won’t be needed of IPC, CRPC, CPC, etc. to guide us in particular matter. These are the old Hindu scriptures which need to be used to learn about the past of the Hinduism, not to adhere to them.

It is important that people understand why there were some laws which kept the women from doing something. The women were kept from touching the pickle during the menstruation so it doesn’t get rot. It has the reason behind it as there was no anti-bacterial sanitizer or hand wash that can kill the bacteria and at that time, the concentration of common salt is high. There are lots of things which were definitely not in the favor of women but now the world has changed. Those laws were not meant according to today’s society. We have lots of new scientific things which help us in keeping ourselves healthy and fit. But there were some taboos which seems to be little useless such as women were not allowed to enter into the temples, women are cursed that’s why they bleed, she is not allowed to wash herself during the periods, etc.

Most of the countries were having some kind of taboo regarding menstruation. “In Iran, Longstanding stigmatization has caused a staggering 48% of girls to believe that menstruation is a disease, according to a UNICEF study.”[ref] Meghan Werft & Gabriella Canal, 10 Myths About Periods, Global Citizen (May 23, 2017), https://www.globalcitizen.org/en/content/8-crazy-cultural-myths-about-periods/ [/ref] “According to a cultural belief held by some sushi chefs in Japan, such as Jiro Ono–a famous sushi chef with restaurants in Tokyo, Ginza, and Chūō, women cannot be sushi chefs because of menstrual cycles. The myth here is that menstruation causes an “imbalance in taste” and therefore sushi cannot possibly be properly prepared by a woman.”[ref] Meghan Werft & Gabriella Canal, 10 Myths About Periods, Global Citizen (May 23, 2017), https://www.globalcitizen.org/en/content/8-crazy-cultural-myths-about-periods/ [/ref]

“In Nepal they have ‘menstrual huts’. These are small clay homes or cowsheds located 15-10 meters from the main residence. If the woman has a child she stays with him in the hut. At the end of the menstrual cycle they are purified by an oil bath and only then do they become ritually clean again. There are reports of hundreds of women dying in these homes due to snakebites, severe cold and smoke inhalation. Girls have even been raped during this time.”[ref] Harley Rustad, “Nepalese menstruation tradition dies hard”, The Globe and mail ,April 2003, Available: http://www.theglobeandmail.com/news/world/nepalese-menstruation-traditi on-dies-hard/article11644844 [/ref]

In early time, lots of taboos were created with some reasons which were valid according to the people of that society. But it is not necessary that we must follow those things in 21st century. Sikhism is the only religion which was against the menstrual taboo. In the book, ‘The Feminine Principle in the Sikh Vision of the Transcendent’, Nicky Guninder Kaur-Singh writes, “The denigration of the female body expressed in many cultural and religious taboos surrounding menstruation and child birth is absent in the Sikh worldview…Guru Nanak openly chides those who attribute pollution to women because of menstruation.”[ref] http://www.wahegurunet.com/role-of-women-in-sikhism [/ref]

Guru Nanak condemned the idea of impurity of a woman in the days of her menstrual cycle. Guru Nanak said there is no impurity in it. It is a natural cycle. Actual impu­rity is in the mouth of a person who tells lies after lies. Impurity is due to bad qualities and not due to natural bodily function (SGGS., p. 472).

Then he condemned the idea of impurity after the woman gives birth to child. There was a system to keep woman iso­lated from the rest of the family for some days after the child’s birth. She was not allowed to touch anything because her touching anything would render it impure. This impurity was called Sutak. Guru Nanak raised his voice against this evil practice. He said everywhere reproduction is taking place. Even the cowdung-cakes, used to cook food, are not free from it. The insects are reproducing, then, there must be impurity in fire also. None of the things we eat or use otherwise is free from life, which is multiplying every moment. He told that actual impurity is due to evil thoughts of mind. [ref] Neutral Singh, Sikhism and Menstruation, Sikh Philosophy Network (Feb. 9, 2005), https://www.sikhphilosophy.net/threads/sikhism-and-menstruation.1744/ [/ref]

Like Sikhism, Buddhism is also against all these malpractices. From a Buddhist point of view menstruation is “a natural physical excretion that women have to go through on a monthly basis, nothing more or less.”[ref] This is from an answer by Buddha Dharma Education Association to the question: “It is commonly believed that women are unclean. How true is this belief?” This question was asked in “Women in Buddhism: Questions & Answers,2004,BuddhaNet.” , Available: http://www.buddhanet.net/e-learning/history/wbq21.htm [/ref]  Many temples do not allow women to circumambulate around the Stupas. There is clear evidence of this rule in Thailand. During menstruation women are thought to lose Qi (commonly spelled as chi). The ‘chi’ that women are suppose to lose while menstruating is believed to be part of everything that exists, as in ‘life force’ or spiritual energy. There’s a Buddhist belief that ghosts eat blood. A menstruating woman is then thought to attract ghosts, and is therefore a threat to her and others. An example cited by the Buddha Dharma Education Association says, that while fermenting rice, menstruating women are not allowed near the area or the rice will be spoilt.[ref] Pallavi Thakur, Worshipping while Menstruating:What’s wrong in it?, Speaking Tree. in (May 26, 2014, 01:52 PM), http://www.speakingtree.in/allslides/worshipping-while-menstruating-whats-wrong-in-it [/ref] After this, Christianity is the religion which believes least in menstrual taboo.

Problems

“Sanitary Protection: Every Woman’s Health Right “a study by AC Nielsen reveals only 12 % of India’s 355 million women use sanitary napkins. Over 88% of women resort to shocking alternatives like un-sanitized cloth, ashes and husk sand. Incidents of Reproductive Tract Infection (RTI) are 70% more common among these women.[ref] https://www.researchgate.net/publication/305493493_Scope_and_Opportunities_for_Menstrual_Health_and_Hygiene_Products_in_India [accessed Jul 13, 2017] [/ref] Not even 50% women used clean methods of dealing with menstrual hygiene in eight states/union territories. The mean for these eight states was 43.5%, with Bihar the worst at 31%, according to the National Family Health Survey-4 (NFHS), released in 2015-16.[15][ref] Ojaswi Rao, Shame, Taboo Resulting In Unhygienic Menstrual Practices Across Much of India, India Spend (June 19, 2017), http://www.indiaspend.com/cover-story/shame-taboo-resulting-in-unhygienic-menstrual-practices-across-much-of-india-13221 [/ref]

Why women are not comfortable in discussing the issue of the menstrual well being with others? What are the problems that are forcing women to live in isolation?

  • Girls without access to pads use makeshift cloth or paper pads which leak. Due to concerns about others staining, odor and disposal, these girls miss 6 days of school every term rather than risk attending.
  • Women working in clothing factories use scraps of dyed, unwashed cloth as makeshift tampons. UTIs and other infections result.
  • Menstruation may have connotations that a girl or woman is impure and so banned from praying or places of worship, from preparing food or eating certain foods and collecting water, or from coming into contact with male family members. She, as a result, may feel ashamed and unclean and may suffer health consequences.
  • Menstrual health is not something that is discussed in a community. As a result when a girl first experiences her period, she doesn’t know what’s happening, or is told that she is sick because of the taboo on discussing the biological process.
  • A woman doesn’t want to consult a medical professional about menstrual problems because they’re not perceived as medical problems/too private/taboo.[ref] Jyoti Sanghera, Menstruation and the right to health, Castan Centre Global Intern’s Blog (March 9, 2013), https://castanglobalinterns.wordpress.com/2013/03/09/menstruation-and-the-right-to-health/ [/ref]
  • The main issue is the affordability of the sanitary napkins in the rural areas. The menstrual pads are expensive for the majority of the women in the rural areas. The urban women are only the one who is aware about it and can actually afford it. The Rutgers study revealed that for the absorption of the menstrual blood, 89% women used cloth, 2% used cotton wool, 7% sanitary pads and 2% ash. Among those who used cloth, 60% changed it only once a day. These practices could explain why 14% girls reported menstrual infections.[ref] Ojaswi Rao, Shame, Taboo Resulting In Unhygienic Menstrual Practices Across Much of India, India Spend (June 19, 2017), http://www.indiaspend.com/cover-story/shame-taboo-resulting-in-unhygienic-menstrual-practices-across-much-of-india-13221 [/ref]
  • People are too open to talk about sex and easily affordable condoms but not the menstrual pads which make the major hygiene and sanitation problem.
  • There is very little awareness about the facts of menstruation among young girls in India. Only 55% of them consider it a natural and normal physical process, according to the study conducted jointly by Water Aid, PATH, Zariya, Development Solutions and Water Supply and Sanitation Collaborative Council.[ref] Ojaswi Rao, Shame, Taboo Resulting In Unhygienic Menstrual Practices Across Much of India, India Spend (June 19, 2017), http://www.indiaspend.com/cover-story/shame-taboo-resulting-in-unhygienic-menstrual-practices-across-much-of-india-13221 [/ref]
  • The girls don’t have the complete knowledge of the menarche and menstruation. Menstruation is often taken as the sign of maturity and adulthood.
  • The alternate pads or soft towels which are used blocked the sewage line and create a chaos in disposing off. 

Legal Perspective

Article 21 of the Constitution of India, 1950:

The menstruation is mainly sought as the taboo in India. Although it’s the natural biological process about which the people should be aware, it is seen as some kind of impurity which makes it worse. According to Article 21 of the Constitution of India, 1950 which is recognized as the ‘Fundamental Right’, states “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” The ambit of Article 21 is very large. It includes lots of rights through which the right to life is enjoyed.

In case of Kharak Singh v. State of Uttar Pradesh[ref] AIR 1963 SC 1295 [/ref], the Supreme Court held that the life means more than just a mere existence. It means that the person have the right to life as well as all the rights through which life is enjoyed.

In Sunil Batra v. Delhi Administration[ref] AIR 1978 SC 1675 [/ref], it was held by the Supreme Court that the ‘right to life’ does not only mean to have a life but to have ‘right to health’ as well.

The Supreme Court in Vincent v. Union of India[ref] 1987 AIR 990 : 1987 SCR (2) 468 [/ref], emphasized that a healthy body is the very foundation of all human activities.Art.47, a directive Principle of State Policy in this regard lays stress note on improvement of public health and prohibition of drugs injurious to health as one of primary duties of the state.[ref] Supra note p.1639 [/ref]

The Constitution gives us the right of life with dignity which includes the right to health, right to privacy, right to clean environment, etc. These are included because these are important for a person to live a healthy and prosperous life. Most of the people think that right to life only means that anything which is directly hampering with his life. But the obstruction which comes in one’s life is not always directly related. It could be indirect as well.

Poor MHM (Menstrual Hygiene Management) reveals that most of the women are susceptible to RTIs (Reproductive Tract Infection). The prevalence of RTIs and STIs (sexually transmitted infection) in women (15–44 years old) in India increased by 26% and in Odisha by 126% between 1998–99 and 2002–04 (reported in the two rounds of District Level Household Survey—Reproductive and Child Health (DLHS-RCH)).[ref] Desai GS, Patel R (2011) Incidence of Reproductive tract infections and Sexually transmitted Diseases in India: Levels and Differentials. The Journal of Family welfare 57: 48–60. [/ref] The major type of infection which is obstructing with life is the Urinary Tract Infection (UTI). Urinary Tract Infections are mainly causes due to poor hygienic conditions and moist conditions in the urogenital area which gives rise to infectious microbes. Odisha showed that prevalence of UTI in females was 45.2%.[ref]  Dash M, Padhi S, Mohanty I, Panda P, Parida B (2013) Antimicrobial resistance in pathogens causing urinary tract infections in a rural community of Odisha, India. Journal of family & community medicine20: 20. [PMC free article] [PubMed] [/ref] The various types of menstrual problem affect the health of the women like anemia, dysmenorrhoea, and various type of vaginal infections.

Right to health care is equally important as the right of life with dignity is. The right to health care has been established in a historic case judgment of Consumer Education and Resource Centre Vs Union of India [ref] Consumer Education and Resource Centre vs. Union of India, AIR (1995) 3 SSC, 42. [/ref] . The Supreme Court has held that the right to medical care comes in an ambit of fundamental right of Article 21 of the Indian Constitution. “Right to life” in Article 21 includes protection of the health and strength of the worker. The expression ‘life’ in Article 21 does not connote mere animal existence. It has a much wider meaning which includes right to livelihood, better standard of life, hygienic conditions on workplace and leisure.[ref]  Indrajit Khandekar, Right to Health Care, J Indian Acad Forensic Med, ISSN 0971-0973, page 161 [/ref] It is apparent from the judgment that hygienic conditions are imperative to have the standard conditions of life. For women, the menstrual pads are not less than the basic necessities of the standard life. It is not a disease which needs a medical attention. It is the part of the life of women. The menstruation has made the life of school going girls so difficult that they had to miss the school during the periods. The age of menarche and the menstrual cramps are so bewildering for the young girls that they have started considers themselves as a diseased person. They are unfit.

Article 14&15 of the Constitution of India, 1950:

Article 15(1) of the Indian Constitution, 1950, states that “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” By this definition, sanitary napkins are only of women’s use. The menstrual pads are not only just an aid of some disease. It is their part of life which needs to be recognized as basic need.

The government has exempted the tax from the essential things under GST (Goods and Service Tax) such as bread, human blood, cereals, organic manure, puja samagri, wood charcoal, plastic bangles, condoms, contraceptives, etc. If all the necessary things have been exempted from the tax then why has sanitary napkins not been exempted as it makes the basic requirement for the women? Sex is not a biological process but still condoms and the contraceptives have been exempted from the tax.

Article 14 of the Indian Constitution, 1950 declares about the right to equality. The equality is inclusively regarded on everything on which the law and order has implement it. Equality does not apart on sex, race, caste or religion. The law is same for everyone. By this mean, the menstrual equality should also be given to the women as the part of right to health and right to life with dignity. “Thus what Article 14 forbids is class-legislation but it does not forbid reasonable classification. The classification however must not be “arbitrary, artificial or evasive” but must be based on some real and substantial bearing a just and reasonable relation to the object sought to be achieved by the legislation. Article 14 applies where equals are treated differently without any reasonable basis. But where equals and unequals are treated differently, Article 14 does not apply. Class legislation is that which makes an improper discrimination by conferring particular privileges upon a class of persons arbitrarily selected from a large number of persons all of whom stand in the same relation to the privilege granted that between whom and the persons not so favored no reasonable distinction or substantial difference can be found justifying the inclusion of one and the exclusion of the other from such privilege.”[ref] Shiksha, Reasonable Classification under article 14, Law Articles (March 14, 2012), http://www.legalservicesindia.com/article/article/reasonable-classification-under-article-14-1061-1.html [/ref] The law and order regarding right to equality is need to direct the people who are in need of it. But what is done with the women with the need of basic requirements has just torn us apart by seeing the women treated as an inferior one. They have been fighting for their wants for ages. Now, they have finally arisen in unity to fight with the issue of treating women like one.

Universal Declaration of Human Rights:

On 10 December 1948, the United Nations General Assembly adopted and proclaimed the Universal Declaration of Human Rights “as a common standard of achievement for all peoples and all nations”. Article 1 of the Universal Declaration of Human Rights reads thus: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in spirit of brotherhood.”[ref] http://lawcommissionofindia.nic.in/reports/report223.pdf [accessed Sep 1, 2017] [/ref] This article itself states that everyone must be treated equal and not only in rights but also in dignity. By its very nature, we can easily understand that the gender equality comes in the ambit of the article.

Article 25(1) of UDHR declares about the right to standard life which includes lots of rights into it. It asserts that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”[ref] http://www.un.org/en/universal-declaration-human-rights/ [accessed Sep 3, 2017] [/ref] The right to health comes into the ambit of the right to a standard life. The right to adequate health describes the reasonable prevention from any physically and mentally harm to the person. “Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) defines the right to adequate health in a relative fashion:

“… the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.”[ref] http://hrlibrary.umn.edu/edumat/studyguides/righttohealth.html[accessed Sep 3, 2017]. [/ref]

The people of our society need to understand this thing. This is not the choice of women to make. They bleed because it is their natural biological process. They have been sent by the God in this manner only. The way man cannot get pregnant; the same way they don’t get bleed. The people have made this natural phenomenon as the basis of their customs and religions, which is definitely not. The menstruation cannot be decided by anyone. It is prerequisite that women have to go through it. The society has to understand that they cannot maintain equilibrium until the women has been given their birth and bodily rights. The essence of woman is created to share the responsibility and balance the laws of the universe. But it is very sad to see that she has been exempted from those laws. She is treated unequally.

Article 26(2) of UDHR asserts that “Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.” This aptly remarks that education should be given to the person about the full development of the human beings and their human rights. Article 26(1) of UDHR affirmed that every person has the right to be educated and it should be free, at least, in the fundamental or elementary stage. They must have the direction to be fully developed human and know their rights. This thing ultimately helps in maintaining the world peace by creating equal status amongst the various religious and racial people.

Conclusion and Suggestion

The study done by the Tata Institute of Social Sciences (TISS) funded by the UNICEF and published in the British Medical Journal found out that how much access the adolescent girls have on menstrual hygiene in India. The data analyses about 97,070 girls collected by 138 earlier studies on menstrual practices in India, between the years 2000 and 2015. It was revealed that all the religious restrictions and taboos that were made had no scientific back up. It was purely based on the interpretations and taboos made by them.[ref] Aayushi Pratap, Periods still a taboo in Indian Society:TISS Study, Hindustan Times (Dec 19, 2016, 10:20 IST), http://www.hindustantimes.com/mumbai-news/periods-still-a-taboo-in-indian-society-tiss-study/story-Dc5Muh2PWkJkbGg2j5DhWO.html [/ref] There are several ways to combat with the norms created by the society for the menstruation.

  • The menstrual pads should be easy to accessible. 80% of the women are still deprived of the basic health facilities which are much more needed.
  • The tampons and menstrual pads should be made easily affordable and the tax should be removed from the menstrual pads.
  • The girls should be made aware about the menstruation and menarche.
  • The adequate water and sanitation facilities should be made available to the rural areas.
  • The adequate medical facilities should be provided to the people in the rural areas.
  • The awareness about the menstrual hygiene should be spread in the society.
  • The comparison between the men and women should be stopped and made the society realize the importance of both in today’s world.