It is historical and tremendous pleasure that Nepal
criminalized the Chhaupadi by Legislature Parliament August 9, 2017 (Ref:http://www.myrepublica.com/news/25343/).
I was in National Reconstruction Authority, Nepal Government for sharing my
thoughts on dignified menstruation or why the menstruation is human right
concern and role of engineers while doing reconstruction work over earthquake affected
areas. I overwhelmed by receiving many phone calls, message on my mobile for
congratulating me and have same in social media. Of course, I was happy and
proud, remembering all daughters, sisters, mothers who lost their lives due to
menstrual restriction specially at shed as well as who are living with broken
heart due to traumatic experience from various forms of abuses and
discrimination due to menstrual restriction across Nepalese community. The
conclusion of my friends is happy due to legal act and other side of coin doubt
due to link with belief system as well.
I have disagreed with both idea.
1. I am happy because
something is better than nothing. It gives confidence , created safe
space to all stakeholders who are working
around dignified menstruation. It is totally differing from outlaw of 2005 or
2008. The outlaw is only a guideline. In a decade more history of outlaw, none
of the case reported due to menstrual restriction or Chhaupadi except the case
of association with police case due to rape or murder or death due to snake
bite. Even though these reported cases are only the tip of the iceberg. Last week,
when my friends and myself attempted filing the case of death due to snake bite
at shed, took more than a day due to not having specific legal provision as
well as received various forms of threatens. Thus, it's is really good start.
As global practice, except few organizations and activists, Nepalese
NGOs started to work on menstrual hygiene since 2014 only when the UN, Human
Right Council declared that the menstrual restriction is key barrier for gender
equality. But, mostly they focused on toilets or infrastructure. Indeed,
menstruation is beyond infrastructure. In other hand, NGOs and activists, do
not see the direct connection between menstruation and Peace, human right,
empowerment and lately with sustainable developmental goal. In this connection,
this legal act create avenue for those people to work from comfort zones or
projects.
2. But, this civil
code or legal provision is very narrow by nature. Because it is failed to
define the scope or dimensions of Chhaupadi. Chhaupadi is practicing across
globe where Nepalese community resided whereas civil code defined or confined
with west or far west and mid-west Nepal. Here, government seemed to address
for clean sheds. Clean shed is not solution. It doesn't ensure dignity, right
to food, health, freedom, housing, healthy environment, touch ability and non-
discrimination, women, education, employment as provisioned by Nepal's new constitution.
In other hand, the government puts another layer of discrimination again to far
west and mid- west Nepal. More importantly, it institutionalizes the sets of
restrictions (in touching, food, entering/mobility where Chhaupadi falls under
touching and entering associated with almost more than 40 rumours /myths)
across Nepal. Ironically, this legal act is controversial with government's
leave for the cleansing ritual (Rishipanchami) which approaching by next week.
It happened due to the lack of knowledge and understanding about menstruation
or menstruation is considered as only women of west Nepal's issue.
3. Regarding the
enforcement: Many of my friends
expressed their doubt as like caste practice. Even the caste system, we
achieved a lot and have to go long for equality. The entire Nepali culture is
so feudal, corrupt or lack of accountability at personal and relational
level. Despite all visible and invisible
difficulties, here, I am hopeful even in enforcement. Thinking about failing is
perfect example of poor mind set and not ready to transform as individual
level. Globally, none of the act enforced by 100%. There is always misuse of
power, extremists and others. The rural people are easier to educate and
empower compare to educated and urban based people (de-learning). As like other
campaigns, many senior staffs are demonstrating high level of ignorance and resistance
in menstruation. Now, the girls and women gained confidence to think about
their body and blood and challenge to tradition. There are many girls and women
who are already showed their confidence and bravery by hiding the menstruation
or breaking the cultural code. We often fail to recognize these girls and women
and celebrate their victory. We must not back and must not wait the next
generation because we are the people of mobile technology which robust the
enforcement. Here, we should not forget or ignore the dramatic progress in
politics (democratization) and its impact on women's life. How many days, the
political parties, leaders and academia can be remained silent in this issue. Likewise, once the society is getting open and
rational, the faith healers also would come on board whereas the religious
books also would contextualize accordingly.
More importantly, this is the high time to review our work
on gender based violence or child marriage or economic or political empowerment
or peace or education. Why do we failed as we invest our time and resources? It
is because of not speaking the menstruation which is one of the key underlying
cause for all. Dignified menstruation is core heart of all activities so
everyone should work on menstruation if she/he work for peace, human right and
empowerment and let's enjoy the nature with the help of science and technology.
.
