Monday, October 5, 2020

No Doubt: Menstrual Discrimination is a form of Gender Based Violence

 Few people and organizations in Nepal and beyond get confused and are asking why is Nepal urging to celebrate the day as Dignified Menstruation (DM) for December 8? There could be many reasons behind this enquiry; they might considered menstruation is private or secrete issue, could think it is women's issue, or it's  matter of `shy', or dirty, or matter of using the menstrual products without making public, or May 28 has already the Menstrual Hygiene day so it's not just making confusion or duplicate the day and so many others.

Nepal promulgated domestic violence-Offense and Punishment Act, 2066 (2009) and it defines the domestic violence as `any form of physical, mental, sexual and economic harm perpetrated by person to a person with whom he/she has a family relationship and this word also includes any acts of reprimand or emotional harm'. Many people also considered that the undistinguishable forms of harm are not violence. Exactly, like this, invisible restrictions during menstruation are not considered as forms of menstrual taboos, stigma and restrictions.

Whether you called period for menstruation or follow only one restriction e.g. avoiding worship, or justifying as a right to choose for menstrual restrictions or talk only about pad or hygiene, it has huge implication for construction and socialize the power and it has significant impact on psychology and the lives of menstruators (girl, women, transmen and queer). Without having menstruation, girls learned the above-mentioned perceptions and practices from the family members and others and considered themselves as `impure', `powerless', `inferior', and disadvantaged.  They learned and socialized the silence towards menstruation from the family members and grown up with silence, bear without any questions as a part of life as their grandmothers and mothers were doing. She also almost remained silence and unquestioned against the violence at home, school, community and everywhere. Eventually, she converted as victim of Intimate Partner Violence or sexual abuse or any other forms of violence started from home or culture of acceptance of violence. At the meantime, boys learned that they never ever have such condition means they considered themselves `pure', `powerful', `superior', and `privileged' since childhood from home. They started to misuse their power from home and eventually they become as perpetrators or perpetuation is accepted as culture. Unequal power relationship cultivated and this notion also supported by many reports globally including UN because the home is the most unsafe place and close family members are the main perpetrators. Such process of power construction and socialization in relation with menstrual practices yet to unveil and address globally in the course of human right and development. 

This scenario is not only the outcome of deep ignorance around the complexity and multifaceted nature of menstruation but also often misinterpreted by some NGOs, media and individuals. For instance, the radio airs the programs from Kathmandu about the forms of menstrual restrictions from some parts of west Nepal, called Chhaupadi. Unfortunately, the people from east or central north know about such practice and started to conceptualize that only such practices are the forms of restrictions during menstruation but not their own practices such as sleeping in separate bed, not cooking, no touching men, plants of vegetables etc. Simple facts that the activism is more focused pointing to others instead of transforming own self without rationalization. The searching dignity during menstruation is not possible by traditional interventions.   

Indeed, not only the menstrual blood but also the belongings of menstruators whatever they touch or eat or walk/ mobility considered as `impure' including washing, drying and storing of menstrual products such as panty, pads, linens etc. Therefore, they asked to follow dozens of restrictions during menstruation by seniors, religious leaders regardless of caste, class, religion, region difference with names, forms, severity and visibility. These restrictions include avoid to eat (citrus food/fruits, milk/milk products etc.), avoid to touch (men members, religious people, plant of vegetables/plant etc.) and avoid to mobile or participation (enter in to kitchen or cooking, cultural activities etc.). According to the domestic violence-Offense and Punishment Act, 2009, keeping menstruators in isolation or exclusion or restricted to work as like regular manner is itself the physical harm, shaming, shouting, humiliation, manipulation etc. are the forms of emotional/psychological harm, teasing, sexual harassment etc. are forms of sexual harm and denying their right to dignity, right to education, right to food, right to health etc. are the denial of access to resources.

These restrictions are also incompatibility with the fundamental rights as per constitution of Nepal; the right to dignity (Article 16), right to freedom (Article 17), right to equality (Article 18), right to non-discrimination (Article 24), right to environment (Article 30), right to education (Article 31), right to health (Article 35), right to food (Article 36), right to shelter (Article 37) and right to women (Article 38). During menstruation, above mentioned rights constantly violated in Kathmandu, Mahottari, Solukhumbu or Karnali or Darchula of Nepal. Unfortunately, these kinds of violence associated with menstrual practices are yet to acknowledge by stakeholders including the NGOs which are implementing the menstrual projects even directly.  

These constitutional rights are aligned with international human rights instruments which has ratified by government of Nepal. The first women's right instrument was CEDAW 1979 where out of 30 Articles, 16 articles (1-16) are referring for non-discrimination, gender equality, right to politics, health, education, marriage. In other words, if someone impose or follow the restrictions during menstruation is purely violation of women's rights. And such violation of women's rights is violation of human rights according to the UN General Assembly 1993.

These taboos, stigmas, restrictions during menstruation have affects immediately and long term at various aspects such as health, education, employment and so on. Under the health, menstrual practices have affected to family planning, maternal and child health etc. which was addressed as violation of reproductive health in 1994. Later in 1996, WHO recognized that violence against women special focus on Intimate Partner Violence and Sexual Violence as `public health issue'. Eventually, in 1999 UN endorsed the Nov 25 as International Day for elimination of violence against women.

In this connection, November 25 to December 10 designated as 16 days activism and marked globally. From above mentioned explanation, the menstrual discrimination is practicing across the globe and precisely a violation of human right in many ways. Albeit, the variation in culture to culture, menstruators experienced layers of discrimination due to menstruation throughout the life. Therefore, the Government of Nepal, Ministry of Women, Children and Senior Citizen, Radha Paudel Foundation, and Global South Coalition initiated to mark 8 December as a day of 16 days activism. More importantly, the December is considered as month of human right. Therefore, 8 December picked up to acknowledge the essence of menstruation and its role in prevention of all forms of gender-based violation, improve the sexual and reproductive health and promotion of human right. As a result, menstruators enjoy the optimum level of his/her rights during menstruation and non-menstruators accept the beauty of menstruation that is created by nature and explained by science and technology. Dignity during menstruation is holistic approach where the menstruation considered through lens of human and political right across the life cycle of human kind.     

Shared with Kathmandu Post, Sept 1, 2020

 

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