LEGAL ASPECT OF PERIOD POVERTY

 

 

Period Poverty- Social Taboo or Practical Problem?

 

       “Shhhhh…. don’t tell any anyone you’re on your period!” “Do not enter the kitchen, food will be served to you in your room where you have to stay cooped up for 3 days!!” “Don’t come in front of your dad and grandfather, you’re impure!” I am pretty sure, anyone reading this blog must have either heard someone else say these lines to a girl while she is menstruating or be the victim themselves of these patriarchal notions of menstruation. I think it’s high time we erase this taboo around menstruation and and treat it as a natural thing just as much as we treat the sun and the moon. Menstruation is a natural process that involves discharge of blood from the vagina and usually starts in girls when aged between 11-14. This process continues until about 50 years and is termed as ‘menopause’.

          It is important to understand that this stigma around menstruation not only affects the emotional well-being of girls, but in turn, has also given birth to a serious issue, namely, period poverty. It is affecting the lives of thousands of menstruating women each day. Period poverty is described as the struggle many low-income women and girls face while trying to afford menstrual products. Women and girls are at an increased risk of being economically vulnerable when it comes to buying sanitary products such as pads, tampons, underwear and even medication for treating cramps or various disorders that some might face during menstruation. In contemporary times, period poverty is not just limited to women in low-income countries, but also affects women in wealthy, industrialized nations.

          Period poverty has been increasing over the years as more and more women find it difficult to use sanitary health products. One also needs to understand that just the stigma around menstruation isn’t the only factor that has led to period poverty but this issue has been compounded by a number of other inter-related factors as well. The most crucial being lack of awareness for menstrual products and their ever-increasing prices. For some people this might be a trivial issue, but for others, it is unarguably an indispensable part of their life and hence, it is pertinent to address these issues and bring them in the limelight because women are humans and no human can be denied their basic fundamental rights.

 

         A case study conducted in Kenya has highlighted the insidious effects of period poverty which the majority chooses to ignore. In Kenya, a low-income country, females have difficulty coping with menstrual needs, which has severe social and health implications. As per the results of HIV and behavioural risks, cross- sectional survey conducted in Kenya, 75% women used commercial pads while 25% used makeshift items such as cotton wool, grass, socks and even jute. Since they did not have enough money to buy pads, they resorted to other methods of obtaining sanitary napkins. They themselves revealed that they engaged in transactional sex to purchase sanitary pads, putting them at a high risk of contracting HIV and reproductive sexual health risks. This case study is sufficient to demonstrate the gravity of period poverty and how adversely it affects women.

 

Legislative Enactments to alleviate Period Poverty

 

      In the wake of several protests and campaigns, Period Poverty has now started receiving attention at a macroeconomic level. Several legislative steps have been taken in this direction by the Federal and State and governments in order to prevent human right infringement of menstruating women. Scotland became the first country in the world to legalise menstruation rights. Its Parliament passed the Period Products Free Provision Scotland Bill in 2020. After the tiring efforts of Monica Lennon, a Scottish Parliamentarian, who fiercely fought for the eradication of period poverty since 2016. Steps were taken to ensure that tampons and sanitary pads were available free of cost to everyone in need of them. From 2018 onwards, schools also kept these products to be distributed among the students. This bill was very successful in mitigating period poverty and further, sanitary products were available for free in markets as well. Monica Lennon’s speech set a precedent for others to follow,

“Menstruation is normal. Free universal access to tampons, pads and reusable options should be normal too. Period dignity for all isn’t radical or extreme. It’s simply the right thing to do.”

 

            Seeing Scotland, even New Zealand was motivated to take steps to better conditions for women and to put an end to period poverty. On February 18, 2021, New Zealand’s Prime Minister, Jacinda Arden declared that “We want to see improved engagement, learning and behavior, fewer young people missing school because of their period, and reduced financial hardship amongst families of participating students. Providing free period products at school is one way the government can directly address poverty, help increase school attendance, and make a positive impact on children’s well-being” and this declaration made sanitary napkins freely available in schools and colleges.

             Other nations are also seeking motivation to bring an end to the sufferings of menstruating women by staking steps in their own way to tackle period poverty. Britain announced to repeal the 5% VAT on sanitary napkins. The European Union (EU) has also abolished the period product tax. The Republic of Ireland has also removed the tax on all period products. As per news sources, in 2020, Germany also reduced the tax on tampons and sanitary pads from 19% to 7%. Kenya, the country where period poverty is maximum, is also following the example of other nations and in a bid to alleviate period poverty has reduced tax on sanitary pads and initiated a program of free distribution of pads and tampons among the low-income communities. However, despite the existence of such laws and several measures taken by nations around the globe, why is period poverty still plaguing the masses? What is making these laws and measures realise their full potential? Clearly, lack of awareness and illiteracy. However, we will discuss about this in greater detail in the last section of this blog.

 

Period Poverty in India

            

            Statistically speaking, only 12% of menstruating women in India have access to hygienic sanitary products and the remaining 88% are forced to use rags, clothes, sand, leaves and tons of other unhygienic options. It’s no surprise that they are the victims of serious diseases like Urinary Tract Infection (UTI), vaginal itching, bacterial discharge etc. Growing up, instances of students missing school for the simple reason that they are on their periods was common. Shockingly, one out of every five girl drops out of school, once they start menstruating. Schools also lack proper infrastructure in terms of health and sanitation and this is another deteriorating factor. All of this takes a toll on the physical, social and economic well being of young girls and women leaving them unfit to participate as active individuals in several activities. A deep-rooted cause of period poverty in India is that they are considered as unnecessary which leads to the prevalence of toxic silence on the same.

 

Period Poverty Eradication Initiatives

 

             The Menstruation movement or period movement started in the US toxic shock syndrome, a rare and deadly disease caused by bacteria growing in tampons. The movement also advocated menstrual equality, and upheld the rights of menstruating trans men. Menstrual Hygiene Management is being adopted by governments and NGOs to spread awareness about menstruation and provide facilities to women on their periods in public places. A German based NGO, Wash United, coined May 28 as Menstrual Hygiene Day in order to publicly honour women’s right to manage their menstruation in a clean environment wherever they are. It is an undisputed fact that menstruation is an integral part of human dignity. It forms a part of Right to Health which is which is a part of the fundamental right to life, under Article 21. Since period poverty deprives a woman of her right to lead her life with dignity, laws have to be enacted to prevent this infringement. International institutions like UNFPA are also establishing funds and undertaking global initiatives to eradicate period poverty.

 

On a parting note….

 

           Menstruation is just as much a natural phenomenon as child birth. We should collectively work to ensure that the stigma around menstruation and period poverty is removed and the world becomes a safe place for all girls and women because they too deserve all the respect and dignity just as this society has been giving men all along the centuries.    

 

 

         

 

Arya Mishra,

Content Associate.