"Labour Welfare and Recognition of Menstrual Rights"

Abstract

The concept of menstrual rights cannot be concretized without reference to socio-economic parameters requiring transformation of entitlements into legal rights as ensued by addressing issues of privacy, gendered inequality, power of social norms categorically, amounting to violence against women and girls. The research paper shall elaborate on the issue of menstrual rights of women and girls in light of the incident of enforced yet opted practice of mass removal of uterus by the migrant women, labour employed on contractual basis (seasonally) in the sugarcane fields in the Beed District of Maharashtra and the role of medical practitioners, nature of obtaining informed consent of the women for the surgery and whether the consequent failure/ inaction of the State to protect women against discrimination and violence adversely affects women’s right to health- dignity and work both within public-private sphere. The recognition to violation of menstrual rights of women as violation of sexual and reproductive health and rights requires institutional and policy intervention coupled with raising awareness for realization of reproductive justice. The research paper will highlight the need for ascertaining the nature of employment not only from ‘contract’ but also ‘status’ based parameters since, the oral contract for sugarcane cutting in the unorganized sector is fundamentally flawed owing to lack of ‘free consent’ or ‘undue influence’ or ‘involves unlawful consideration and object’ consequentially not enforceable in the courts of law. In toto the operative sphere of menstrual violence extends to anti-feminized labour practices coupled with medicalization of women’s bodies reflecting tolerance towards gender inequality resulting in denial of right to development of women and girls.