Menstruation is a natural biological process of women in which the uterus lining
of a woman gets thickened during ovulation phase and starts shedding blood when
the egg does not fertilize and the blood comes out through their vagina. Even
though it happens with every single girl still it is a taboo to even speak about
it.
This research paper deals with the issues of the taboo, myths, menstrual
hygiene, different practices of women in different religion and cultural, what
sort of problems girls and adolescents face in their daily life, this paper
sheds light on certain devastating cases under indian law where we get to learn
about what all the girls are going through on a daily basis.
The study also
looks into the difficulties menstruating people encounter, such as restricted
access to sanitary items and insufficient information on menstruation. As
essential elements of public health programmes, it promotes comprehensive
education on period health and enhanced accessibility to resources related to
menstruation hygiene.
To sum up, this study highlights the need of raising people's knowledge and
comprehension of menstruation in order to help create circumstances that enable
people to effectively manage their menstrual health. By acknowledging the
importance of menstruation, society may endeavor to break down barriers, provide
fair access to resources, and promote menstrual health.
Introduction
In India out of 1428 million people there are 662.90 million females and 717.10
million males. Even though the representation of the female population is quite
impressive, still speaking about the menstrual health of a woman seems to be a
shameful act and even to some extent a crime. The topic of menstruation is
generally taboo in many cultures, although it has a significant impact on the
lives of girls and young women.
In the early years of a young girl's life,
menstrual hygiene, a phrase that includes the methods and supplies used to
control menstruation, becomes increasingly important to her health and
wellbeing. The present study aims to investigate the various aspects of
menstrual hygiene and establish it as a crucial marker of the general well-being
and self-determination of young women and girls.
Almost half of all people on
the planet experience menstruation, which is an inherent biological process.
Menstrual health is a global topic, yet conversations about it are frequently
shrouded in stigma and social taboos. In order to better understand menstruation
hygiene as an essential part of a girl's overall health rather than just a
physical function, this paper aims to peel back these layers of concealment.
An education about cleanliness habits, the availability of sanitary goods, and
the larger socio-cultural background that influences girls' experiences
navigating this phase of their lives are all part of proper menstrual hygiene
practices, which go beyond controlling the flow of menstrual blood. Menstrual
hygiene has a significant impact on physical and mental health as well as,
ultimately, the empowerment of girls and adolescents, which is why it should be
seen as a critical indication.
This research aims to establish a supportive environment for girls to manage
their menstrual health with dignity and to ensure that it is not just a footnote
in their journey to adulthood but a fundamental aspect of their overall
well-being by thoroughly examining the various facets of menstrual hygiene.
What is Menstruation?
Menstrual hygiene is an important issue in india. Any girl, woman, non-binary
person who identifies themselves as such can menstruate. In a developing country
people face problems to even meet the basic needs of our daily life but India,
though a developing nation, is the fastest growing economy in the world thus
there must be proper discussion regarding women's needs.
Nearly all girls
menstruate each month and among them mostly use Tampons (4.2%), cloth pads
(4.5%), and disposable menstrual pads (89.0%) are the most popular forms of
period hygiene products across all age groups. Only 1.6% of people used a
menstruation cup. Now coming to the basics, menstruation is a process where each
and every month girls bleed because of unfertilization of their eggs released
from their ovaries.
To elaborate it, girls every month release eggs from their
ovaries and during this process the uterus lining gets thickened with blood,
when the egg is not fertilized by any sperm it degenerates and the wall of the
uterus breaks down releasing all the blood which comes out through the vagina. A
girl starts menstruating at the age of 13-14 years and it comes to an end at the
age of 45 years. The starting of menstruation is called menarche and the ending
is called menopause.
Understanding the Importance of Menstrual Hygiene for Girls and Adolescents:
India is a developing country and there is a taboo regarding menstrual health.
There are lots of myths regarding it, for instance in hindus you can't enter in
the puja room during menses, in muslims you cannot touch the holy book or even
pray the namaz, in some rural places it is considered to be a unholy thing and
you can't even enter the kitchen, in some tribals a girl who is menstruating
must go and stay away from there home to a menstrual hut and can only come back
if they have completed the term.
Even there is a case where due to the illegal
practice of chhaupadi, which forces menstruation women to live in huts outside
of their houses, a 16-year-old girl from Nepal has passed away. There are some
social practices as well where the girls refrain themselves from religious
practices, taking medicine, eating pickles, attending guests, cooking and so on.
Another case regarding menstruation was that in maharashtra A young girl passed
away after being tormented for several days by her 30-year-old brother, who
believed that the blood from his sister's monthly flow was the consequence of
sex. The 12-year-old girl was experiencing her first menstrual period in
Ulhasnagar, Maharashtra
Girls also miss their school during these days just to avoid social stigma and
in turn their studies get affected by it. The factors that consider these things
are lack of awareness among people, an average Indian woman is hesitant to speak
about menstruation in front of men and they feel that this topic should not be
discussed as it is a very private matter.
Men on the other hand aren't mostly
aware about the topic because they feel very uncomfortable to even discuss
anything related to sexuality, menstruation and or reproduction. In schools most
teachers try to skip the reproductive health chapter as they feel it's annoying
to discuss in front of students. Another factor beside it is lack of
availability of resources, conventional pads are expensive and contain a lot of
toxic chemicals.
The fibres of sanitary pads are bleached with chlorine to give
them a sterile and clean look. Dioxin, a highly harmful contaminant produced
during this bleaching process, can lead to endometriosis, hormone imbalance,
pelvic inflammatory disease, and even cancer. tampons although resuable are not
acciseble because mostly are unaware about how to use it in a correct way.
Other
than this, rural girls mostly use cotton clothes during their menses which is
very harmful and can even lead to problems like bacterial infection, difficulty
in pregnancy, infertility and so on.
Educating girls about Menstruation:
Educating girls about menstruation is very essential for many reasons. As much
of India is rural, the practices are quite distinctive compared to urban areas.
Most rural people believe in black magic, superstations and thus they also
believe menstruation as unholy. In hindu religion there is a mythology that is
often associated with Indra's killing of Vritras, this myth has its roots in the
Vedic era.
Because women have assumed some of Indra's guilt, the Veda declares
that the guilt of killing a brahmana-murder manifests itself every month as
menstrual flow. In muslims a menstruating girl is considered "napak" which means
impure and to purify one needs to bathe using soil as their cleaning agent.
To
eradicate such beliefs we should do the following things, they are as follows:
- Encourage Menstruation Hygiene: Comprehending appropriate hygiene practices during the menstrual cycle contributes to infection prevention and promotes general health.
- Dispelling Myths and Reducing Stigma: Education dispels myths and lessens the stigma associated with menstruation, promoting a more positive attitude in society.
- Empowering Girls: Having knowledge about menstruation gives girls the confidence to handle their periods, which improves their wellbeing and sense of self.
- Preventing School Absences: Girls who receive the right education are less likely to leave work or school because of their menstruation, which encourages regular attendance and scholastic achievement.
According to a report published in 2015�16 by "Menstrual Hygiene Management:
National Family Health Survey 4" 42%of women in the 15�24 age group use sanitary
napkins, 62% use cloth, and 16% use napkins that are manufactured locally.
Overall, a hygienic technique of menstruation protection is used by 58% of women
in this age range. 71.4% of women (15�24 years old) in rural areas use cloth
sanitary napkins; the percentage of women who use locally made napkins is 14.8%
and 33.6%, respectively.
Critical analysis of some case laws:
Case facts: In the case of
Lakshmi Priya v. K.V. Krishnamurthy, 2006 SCC OnLine
Mad 1146, the petition for the termination of marriage has been submitted by the
petitioner-husband. He asserts that the termination is due to irregular
menstruation, which the wife is said to have concealed prior to marriage. The
spouse claims he has suffered cruelty and mental anguish as a result of the
marriage not working out.
The main claim in the case is that the wife's
health-related information was hidden, which caused the marriage to fail. The
lower court comes to a decision of dissolving the marriage while the appellant
wife was willing to stay with her husband. Later when it was decided in a higher
court it was found that the husband was willingly not consummating with his wife
and he entirely blamed it on the wife. It was also found that he was not paying
her to even see a doctor for her irregular menstrual problems.
Decision: the higher court decided that the petition of the husband regarding
the dissolution of marriage was set aside.
Case facts:
A writ application was filed in the public interest in the case of Nirjhari Mukul Sinha v. Union of India, seeking redress in response to an
incident involving 68 females in a hostel run by respondent No. 5. There are
allegations that these girls underwent a strip test. The writ applicants argue
that this practice violates women's basic, legal, and human rights since it
discriminates against them based on their menstrual status.
Particularly
mentioned in articles 14, 15, 17, 19, and 21 of the constitution. The learned
Additional Solicitor General of India, Mr. Vyas, has been directed by the court
to support this public interest lawsuit. The case seems to be an attempt to
challenge the constitutionality of the practice of putting girls through strip
tests because of their menstrual status.
Analysis
From the above two cases we can conclude that girls getting irregular
menstruation now has become a ground for divorce and secondly, anyone can strip
test women for the sake of knowing whether she is menstruating or not.
Issues that arise:
- Whether a woman can be a subject of divorce just because she suffers from menstrual irregularity?
- Is stripping girls because they are menstruating violating their fundamental rights?
- Why is there a lack of taboo and myths regarding menstruation?
- Is there proper legislation in India regarding menstruation of women?
Probable solutions:
Divorce due to irregular menstruation:
Menstrual irregularity is not regarded as a legal basis for divorce in the
majority of contemporary legal systems, including many Indian jurisdictions.
Legal grounds for divorce usually stem from things like cruelty, adultery, or
irreconcilable differences that have a significant impact on the marriage.
Menstruating Girls Stripping:
Girls' fundamental rights are violated when they are stripped or subjected to
any kind of humiliation because of their menstruation. Such acts violate
international human rights standards as well as the rights to equality, privacy,
and dignity. Such actions are frowned upon in many places, and people who
participate in them risk legal repercussions.
Absence of Myths and Taboos Around Menstruation:
Education, knowledge, and cultural shifts are all part of the continuous
societal transition towards the elimination of taboos and myths around
menstruation. These taboos are being broken down in part by initiatives to
dispel falsehoods, encourage candid conversations, and educate men and women
about menstruation. Global progress, however, varies, and opinions regarding
menstruation are greatly influenced by cultural customs.
Indian Laws Concerning Menstruation:
In India, the significance of menstruation health and cleanliness is becoming
more widely acknowledged. The government has launched programmes to encourage
access to sanitary products and education about menstrual hygiene. Though there
may not be a single piece of legislation devoted exclusively to menstruation,
there are a number of laws and policies that address related issues, and
awareness of the subject is expanding.
Laws relating to menstrual hygiene in India
Although menstruation is not specifically covered by law in India, there are
policies and programmes that address menstrual health, such as the Menstrual
Hygiene Scheme run by the National Health Mission. These initiatives seek to
enhance menstrual hygiene product accessibility and cost while also lowering
stigma and increasing awareness.
NGOs and advocacy groups are essential in
advancing laws that support menstrual health. In india there are several laws
and guidelines relating to the menstrual hygiene of girls and adolescents, they
are as follows:
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The guidelines for managing menstrual hygiene (MHM Guidelines): The Ministry of Drinking Water and Sanitation released these guidelines in December 2015. They lay out the steps that state and district administrations, engineers, technical experts, school head teachers, and educators must take to assist all adolescent girls and women in managing their menstrual hygiene.
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The 2016 Solid Waste Management Rules: The Central and State Governments are legally obligated to handle sanitary napkins as solid trash under these regulations, which were released by the Ministry of Environment, Forests, and Climate Change. The regulations also stress how important it is to dispose of used sanitary napkins properly.
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The Guidelines for the Swachh Bharat Mission (SBM-G): These recommendations, which are a crucial component of the Swachh Bharat Mission, emphasize the need for managing menstruation hygiene. They offer a range of choices for managing trash, including sanitary waste, and reducing pollution.
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Workplace policies: Workplace policies that let women take paid time off during their menstrual cycle are known as menstrual leave policies. This strategy aims to address the mental and physical difficulties, like pain, exhaustion, and mood swings, that many women have during their menstrual period. In India, with time, the workplace law for women has also been changed. Now, the organization's female employees are eligible for up to 12 period leaves annually as part of the revised leave policy. Women workers are entitled to one period leave credit each month, which can be used for one full day or two half-day leaves.
Availability of menstrual products and their controversy:
Throughout their lives, women will typically have 450 periods, or 3,500 days of
menstruation. In a lifetime, that's more than 10,000 period item. Since every
woman is different, the number will undoubtedly fluctuate, but since a woman
will experience numerous cycles over your life, it is crucial to get recognised.
Earlier pads were heavily taxed with 12% GST, but after a protest led by
Sushmita Devi, a lawmaker who launched a petition to reduce the tax by 70%
gained 400,000 and different court challenges finally, the government removed
the taxes on sanitary napkins. This was done for the availability of menstrual
products so that the prices do not skyrocket and thus the products can be
available to every woman.
Conclusion:
Celebrating periods:
There are several social advantages to period celebrations and the promotion of
a happy menstrual mindset. Menstruation has historically been associated with
shame, stigma, and cultural taboos. Nonetheless, encouraging a positive outlook
about menstruation might lead to a number of advantageous effects:
In south india "Ritusuddhi" a cultural practice where the parents of the girl
child celebrates her first period, When a girl hits puberty in, there is a
coming-of-age ritual or rites of passage to celebrate. She begins the ceremony
wearing a brand-new langa voni. Her maternal uncle then gives her her first
sari, which she dons for the second part of the ritual. This is the beginning of
her womanhood.
In Odisha, India, there is a four-day celebration called "Raja Parba", or
"Mithuna Sankranti". The celebration is significant from both a cultural and
agricultural standpoint, with a different aspect representing each day. The
start of Mother Earth's menstrual cycle, or Pahili Raja, causes a brief stop to
agricultural activity.
The primary holiday, Mithuna Sankranti, marks the beginning of the monsoon and
is marked with traditional games and cultural activities for women. Basi Raja
observes that agricultural labour has resumed as it is thought that Mother Earth
is starting to heal. Vasumati Snana, the last day of the festival, is marked by
a ceremonial bath for women that represents purity.
In Assam, "
Toloni Biya", also called Tuloni Biya, is a ceremonial
ceremony commemorating a girl's initiation of menstruation. The word "Biya"
means marriage and refers to the girl's symbolic marriage. The community prays
for her reproductive health throughout the event, which also educates her about
menstruation and reproduction. In addition to the festivities, the girl is
typically isolated with a veil, subjected to dietary limitations, confined to a
particular chamber, and forbidden from interacting with men. These customs are
meant to protect and respect her passage into womanhood.
Reducing Stigma:
Menstruation is no longer stigmatized when people celebrate their periods.
Negative preconceptions can be refuted and understanding can be fostered through
candid conversations and positive representations in the media and society.
Empowering People:
By promoting period celebrations, society can enable people, particularly women
and menstruating individuals, to accept and even celebrate their normal
biological processes without feeling guilty. A higher sense of confidence and
self-worth results from this empowerment.
Information and Awareness:
More information and awareness about menstruation can be facilitated by having
positive attitudes about it. It promotes candid discussions about reproductive
rights, cleanliness, and menstrual health.
One of the most important aspects of menstruation health and hygiene is
promoting access to safe and sanitary products. People may face a number of
difficulties as a result of not having access to appropriate menstruation
products, including poor cleanliness, health problems, and difficulties getting
an education or engaging in daily activities.
Encouraging access to sanitary and safe menstruation products is crucial for the
following reasons:
Well-being and Personal Cleanliness:
Having access to sanitary and safe menstruation products is crucial for
preserving general and reproductive health. Menstrual hygiene errors can result
in infections and other health issues.
Respect and Welfare:
Maintaining proper menstrual hygiene is beneficial to one's well being and sense
of dignity.People can comfortably and confidently control their menstrual cycle
when they have access to the right goods.
Promoting sustainable menstrual product:
Reusable menstrual cups are an affordable and environmentally beneficial
alternative. They are constructed of medical-grade silicone, rubber, latex, or
elastomer and can be reused for several years.
Reusable Cloth Pads:
A more environmentally friendly option to disposable pads, these may be washed
and reused. Period Underwear: Reusable and washable absorbent underwear that
offers a pleasant and environmentally friendly choice.
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