By Pabitra Guragain, Kathmandu, March 21: The Friday session of the National Assembly (NA) passed a Resolution Motion on Ending Menstrual Discriminations for Dignified Menstruation. The document was passed unopposed.
The proposal presented by Madan Kumari Shah (Garima) has insisted on ending all sorts of menstrual discriminations that remain in various forms such as silence, taboo, shame, stigma, restrictions, abuse, violence, social exclusion and deprivation from services and resources associated with menstruation throughout the lifecycle of menstruators. "Dignified menstruation is the human right of all menstruators and it must be acknowledged, practiced and institutionalized accordingly," the proposal sates.
Presenting the resolution motion that had been registered in the Upper House on January 31 before the today's session, the legislator said, "By nature, humans are born with uterus and without uterus and those with uterus are menstruators. Menstruation is a biological process. However, by ignoring the essence of this biological process, menstruators are excluded at various levels in the name of ignorance, silence, religion, tradition and customs."
Menstrual discriminations are omnipresent with various 'fake names' (euphemistic expressions) and varied intensity. In some areas, the exclusion is visible and while in other areas it is less visible," she said, demanding legal measures to ensure that menstruators are treated equally during the time of menstruation (normally five days) and the remaining 25 days throughout the lifecycle.
Terming the menstrual discrimination as a tool to create and consolidate unequal power relations and patriarchy, she urged the State to revise numerous acts that have failed to recognise and address menstrual discriminations and draft further acts in an integrated way to end such discrimination.
Arguing that only menstruators are not affected by menstrual discriminations, she said it has affected all and thus it is not just a concern of menstruators but all of the human beings including non menstruators. "This is a human rights issue."
The proposal further stressed that the State needs to realise the gravity of this issue and be more sensitive for taking measures to guarantee that "menstruation is dignified".
The resolution states that menstrual discrimination persists across all regions, religions, castes, and communities, and argues that such discrimination violates several fundamental rights guaranteed by the Constitution, including the Right to Live With Dignity (Article 16), the Right to Equality (Article 18), the Right Against Untouchability and Discrimination (Article 24), the Right Against Exploitation (Article 29), the Right to Clean Environment (Article 30), the Right relating to Health (Article 35), the Right relating to Food (Article 36), the Right to Housing (Article 37), the Rights of Women (Article 38), and the Rights of the Child (Article 39).
Seconding the proposal, lawmakers Sumitra BC, Ganga Kumari Belbase, Bishnu Kumari Sapkota, Puja Chaudhary and Dr Anjan Shakya said more than half of the population in the country are menstruators and to accept menstrual discrimination as just a 'harmful practice' is enough to promote such discriminations further and the gender-based violence. Every menstruator should be treated as complete human being and dignified menstruation should be incorporated in all policies, they added.
The legislators also urged the government to take measures to end menstrual discriminations and undertake revisions to the existing relevant policies.
Talking part in the deliberations, legislators Bhagawati Neupane, Kamala Devi Panta, Dr Beduram Bhusal, Gopi Bahadur Sarki Achhami, Gopal Bhattarai, Jayanti Devi Rai, Jaga Prasad Sharma, Tul Prasad Bishwakarma, Taraman Swanr, Rukmini Koirala, Ghanashyam Rijal, Nar Bahadur Bista, Tulasa Kumari Dahal, Manrupa Sharma, Gomadevi Timalsena, Padam Pariyar, Maya Prasad Sharma, Narayana Datta Mishra and Suresh Kumar Ale Magar were univocal on the urgency for additional substantive legal instruments and the State's efforts to end menstrual discriminations remaining as a taboo of the human civilisation and the society.
The Upper House endorsed the document unanimously and NA Chair Narayan Prasad Dahal directed the government to implement the document. The respective parliamentary committees have also been instructed to monitor whether the document has been implemented.
Parliament owns up relevancy of dignified menstruation
Talking to the RSS shortly after the endorsement of resolution motion, Dr Radha Paudel, the propounder of the principle of dignified menstruation, said, "At the moment, I am a bit emotional and delighted as well to see the parliament finally taking ownership of the agenda."
She also thanked all those who have dedicated their time for advocating for the cause of dignified menstruation through activism, writings, and all other available channel.
"Menstrual discriminations are beyond the harmful practices as they are largely perceived. Dignified menstruation is a decolonized and a comprehensive approach. The parliament has owned up the agenda, let's hope it will take it forward," she said.
She took time to say the term 'Chhaupadi' that simply means menstruation in the local language in far-western Nepal has been 'misinterpreted', using it as the synonym with menstrual discriminations. Calling for unlearning of such 'understanding', she stressed the need to redefine the term globally.
Prior to the endorsement of the document, Minister for Women, Children and Senior Citizens, Nawal Kishor Shah Sudi, expressed the government's commitments to ensure legal revisions and enact new laws to prevent menstrual discriminations.
It may be noted that the Global South Coalition for Dignified Menstruation has defined that "Dignified Menstruation is a transformative, holistic, human rights-based framework that envisions a world where all menstruators live free from any form of menstrual discrimination at home, school, community, workplace, and everywhere."(RSS)