Aligning policy with rights: Menstrual health and dignity in India

Aligning policy with rights: Menstrual health and dignity in India
  • Menstrual health should be a fundamental human right in India.
  • Constitutional rights and international obligations must align with reality.
  • Community initiatives empower women to break menstrual taboos and stigma.

The discourse surrounding menstrual health is undergoing a significant transformation in India, shifting from a marginalized “women’s personal issue” to a fundamental human right. This transition is fueled by advocacy efforts, judicial intervention, and a growing awareness of the systemic inequities that undermine the dignity and well-being of millions of menstruators across the country. On Menstrual Hygiene Day, the spotlight is on amplifying these voices and demanding adequate redressal of the challenges faced by those who menstruate. The Supreme Court's directive to the Central Government to formulate a model policy on menstrual leave is a watershed moment, signaling a potential shift in legal and societal attitudes towards menstruation. This order acknowledges the reality faced by countless individuals who grapple with discrimination, inadequate infrastructure for menstrual hygiene management, and pervasive stigma that infringes upon their constitutional rights. The constitution of India guarantees equality and right to life, which should extend to menstrual health.

The Indian Constitution, through its various articles, implicitly supports menstrual health and hygiene (MHH) rights. Article 15 prohibits discrimination on grounds of sex, while Article 21 guarantees the Right to Life and Personal Liberty, which encompasses the Right to Dignity. Furthermore, Article 21A enshrines the Right to Education. These constitutional provisions, when interpreted through the lens of gender equality and human rights, inherently acknowledge the importance of ensuring access to menstrual health resources and eliminating discriminatory practices related to menstruation. However, despite these constitutional safeguards, deep-seated social and cultural taboos continue to perpetuate stigma and inequality. Many menstruators are denied access to proper sanitation facilities, affordable menstrual products, and accurate information about menstrual health. This lack of access disproportionately affects marginalized communities, including women from low-income backgrounds, rural areas, and those with disabilities. The consequences of neglecting menstrual health are far-reaching, impacting education, economic opportunities, and overall well-being. Moreover, the pervasive stigma surrounding menstruation contributes to mental health issues, social isolation, and a sense of shame and embarrassment.

India's commitment to international human rights frameworks further underscores the importance of addressing menstrual health as a fundamental right. The Universal Declaration of Human Rights (UDHR) establishes the right to dignity, health, and education, all of which are intrinsically linked to menstrual well-being. Similarly, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) mandates the elimination of discrimination against women in all spheres of life, including access to healthcare and education. The United Nations Sustainable Development Goals (SDGs), which India has pledged to achieve by 2030, also recognize the importance of gender equality and access to clean water and sanitation, both of which are crucial for ensuring menstrual hygiene. Despite these international obligations, a significant gap persists between the legal framework and the lived realities of menstruators on the ground. This gap highlights the need for a multi-pronged approach that addresses both the systemic barriers and the social and cultural norms that perpetuate menstrual stigma and inequality.

The author's personal experience campaigning for menstrual awareness and equity through the Alharh initiative in Bihar provides a powerful illustration of the challenges and the potential for change. Despite reaching thousands of people, the stories from the ground remain dishearteningly consistent, reflecting a culture of shame, stigma, and silence. The experience of Khushi, a fourteen-year-old girl who initially felt too shy to speak about periods in public, encapsulates the pervasive nature of menstrual taboo. However, Khushi's transformation, from a silent observer to an active participant in the campaign, demonstrates the transformative power of education and community engagement. Her deliberate act of entering the kitchen during her menstrual days and touching the pickle, a symbolic transgression of traditional norms, represents a significant step towards reclaiming her agency and challenging the stigma associated with menstruation. Her act of normalizing the stigmatized through holding sanitary pads is powerful and meaningful. This small but courageous act empowered her and inspired others to break the silence and challenge discriminatory practices within their own homes and communities.

To effectively address the challenges surrounding menstrual health in India, a comprehensive and multi-faceted approach is required. First and foremost, it is essential to prioritize education and awareness campaigns that aim to dispel myths and misconceptions about menstruation, promote accurate information about menstrual hygiene management, and challenge the stigma and shame associated with periods. These campaigns should target not only menstruators themselves but also men and boys, community leaders, and healthcare professionals. Secondly, it is crucial to improve access to affordable and sustainable menstrual products. This can be achieved through government subsidies, the promotion of reusable menstrual products, and the establishment of local production units. Thirdly, it is essential to ensure access to clean water, sanitation facilities, and waste management systems, particularly in schools, workplaces, and public spaces. This requires investment in infrastructure development and the implementation of effective hygiene promotion programs. Fourthly, it is necessary to strengthen the legal and policy framework to protect the rights of menstruators and ensure access to menstrual health services. This includes enacting legislation that prohibits discrimination based on menstruation, providing menstrual leave in workplaces and educational institutions, and integrating menstrual health education into the school curriculum. Finally, it is crucial to empower women and girls to become advocates for their own menstrual health and to challenge the social and cultural norms that perpetuate stigma and inequality. This can be achieved through community-based initiatives, peer education programs, and the creation of safe spaces for open and honest conversations about menstruation.

The Supreme Court's directive to formulate a model policy on menstrual leave is a significant step towards recognizing the needs and rights of menstruators. However, the implementation of such a policy must be carefully considered to ensure that it does not inadvertently reinforce gender stereotypes or create further discrimination. Menstrual leave should be offered as an option for those who experience debilitating menstrual symptoms, and it should be accompanied by supportive policies that promote workplace flexibility and access to healthcare. Furthermore, it is crucial to address the underlying social and cultural norms that discourage women from discussing their menstrual health needs openly. Creating a culture of understanding and support is essential to ensure that menstrual leave is not seen as a sign of weakness but rather as a legitimate accommodation for a natural physiological process. In conclusion, addressing menstrual health and dignity in India requires a holistic approach that encompasses education, access to resources, legal protections, and social and cultural change. By aligning policy with rights and empowering menstruators to advocate for their own well-being, India can create a society where menstruation is no longer a source of shame or discrimination but rather a symbol of strength and resilience. The journey of Khushi, from silence to empowerment, serves as a powerful reminder of the potential for change and the importance of continuing to challenge the stigma and taboos that continue to undermine the rights and dignity of millions of menstruators across the country. The time for action is now, to ensure that menstrual health is recognized and respected as a fundamental human right for all.

The need to address menstrual health challenges in India is critical, as millions of women and girls continue to face discrimination, inadequate infrastructure, and pervasive stigma. These issues undermine their constitutional rights and impede their access to education, economic opportunities, and overall well-being. Despite the Indian Constitution's guarantees of equality and right to life, and India's commitment to international human rights frameworks, a significant gap exists between the legal framework and the lived realities of menstruators. This gap highlights the need for a multi-pronged approach that includes education, access to affordable menstrual products, improved sanitation facilities, and stronger legal protections. The Supreme Court's directive to formulate a model policy on menstrual leave represents a crucial step forward, but its successful implementation requires careful consideration and a commitment to creating a culture of understanding and support. By empowering women and girls to advocate for their own menstrual health and challenging the social and cultural norms that perpetuate stigma and inequality, India can create a society where menstruation is no longer a barrier to opportunity and well-being.

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