Navinya Kamble: Period Poverty in India

Legal scholar Navinya Nitin Kamble writes on the menstrual rights development movement in India and his hopes for the future.

---

Menstruation is a matter of guilt and is considered as a taboo subject in Sanatana Dharma, especially known as Hinduism or Hindu Dharma and women are prohibited from participating in daily household activities while menstruating. Women are debarred from entering in kitchen during this period. They believe the menstruation cycle will turn good food into bad food due to its smell and spread out. However, this problem can be prevented with due menstrual care. They are not allowed to enter temples during this period. They are considered unclean and unhygienic subjects in the human society during their menstruation cycle.

Hindu religious scriptures i.e. Rig Veda argue in favour of this and support it by enumerating that women have taken the guilt of Indra upon their shoulders of killing a Brahmana Demon (Rakshas). Killing him was a sin and this sin of Indra was distributed amongst Earth, Sea, Trees, and Women. Hence, these religious scriptures consider women “impure”. Even though it is proven on scientific grounds that the menstrual cycle prepares women’s body for pregnancy and causes a period if they are not pregnant. Hormones like estrogen and progesterone control it. During the cycle, eggs in ovaries mature, and the uterus lining thickens. If the egg is fertilized, it can implant in the uterus lining. Ovulation happens when one ovary releases a mature egg. If pregnancy doesn't occur, the uterus lining breaks down, and that turns into a period.  ​

In the modern enlightened world, menstruation is a matter of human rights and every menstruator is entitled to human rights. Not only women, but also the trans-menstruators are also equally entitled to these menstruation rights. It is time to outlaw these religious scriptures which don’t treat women during menstruation as human and solely discriminative against them on their biological structure keeping them away from their freedom and other basic rights.
 
Working women and trans-menstruators should be given paid menstruation leaves during their periods. Not only that, but also hygiene products labelled as “Trans-Hygiene” should also be manufactured and equally be given importance as being given to “Women-Hygiene Products”. Due to this, trans-menstruators will not feel discriminated against in the society and they can use their own Trans-hygiene products during the menstruation cycle. These hygiene products should be made free to the menstruators.
 
It is in the interest of a state like India to enact a valid formulated law as the “Menstrual Benefits Law” governing the menstruation aspect of women and trans-menstruators equally. It is the duty of the state to also include provisions like paid menstruation leaves for employed menstruators while allowing them to work remotely through the help of technological advancements, a special care should also be observed while manufacturing women’s and trans-menstruators “hygiene products”. Ignorantly manufacturing these products can lead to the loss of life of menstruators by infection or due to any other cause. Whereas, these products should be labelled differently for women and trans-menstruators for their usage. The state should also impose heavy fines and liability on those who breach these laws.

Healthcare facilities governing menstruation should also be established and made free to every individual for its use because ignorance of this subject can lead to the loss of life of menstruators. Menstrual education should be imparted into children, at an appropriate age, in their educational institutions. The state should do whatever it can to secure the human rights of all menstruators, because menstruators are human and not an unhygienic, unclean, impure-sinful subjects.”

---

​​Navinya Nitin Kamble is an advocate from India and University of Mumbai graduate. He later pursued his Master of Law (LL.M.) specializing in Criminal Law from Amity University, Maharashtra, where he was awarded a gold medal for his excellent academic performance. Currently, he is pursuing his second LL.M. degree at The University of Edinburgh, where he is doing his research on Outer Space Laws. He has also worked as a law faculty at the University of Mumbai Law Academy, teaching Labour and Industrial Laws.