SHOULD SANITARY PADS REALLY BE BANNED?

Submitted by:
Shruti Singh

Semester: IV, Programme of Study: BALLB, Division D,

PRN: 17010223109

of Symbiosis Law School, NOIDA Symbiosis International (Deemed

University)

In January, 2019
Introduction: Women have been menstruating since the very beginning of human existence. It is said that
it was not a taboo earlier but sadly today in some countries like India it has become so. Some of us are fighting to
make the change but sadly, not all of us. The taboo of menstrual cycle, periods, cramps, chumps doesn’t only
make girls uncomfortable and helpless in “that time of the month” but also effect their physical and mental health.
What can we do about it? Changing the mentality of people will take long. So, why not at least help the women
to cure or prevent the physical diseases? Sanitary napkins are the first thing which comes to many of ours mind
when we hear the word periods but there are many girls who don’t even have seen it. That is both sad and alarming.
Recently, in India, government have scraped down the 12% GST tax from sanitary pads. There are many critics
who think that this won’t bring any change in the present situation and moreover, cause more environmental harm
as well as stop the development of our country. But many activists don’t agree with this. So, the main question
which arises is ‘Should the tax on sanitary pads really be banned?’.

No one can deny the fact that women have been facing many tortures and discrimination on the bases of their sex
since centuries, not only in India but in whole world. But due to increasing logic in people as well as efforts of
feminists to make people realise what they have been doing is wrong, the position of women is changing. But we
still have a long way to go. NO? Then why does any policy or law made in favour of women face so many
criticisms? In India, the GST tax on sanitary pads have been banned as it made it costly and therefore, many
women could not use them. But still there are so many people who don’t support the same. Some say it causes
harm to environment. Some say it is not good for country’s economic growth. Some say it is just a political move.
Some say sanitary pads are luxury items, therefore should be taxed. Some say it won’t change the mentality of
people (well, it definitely didn’t change yours!). Some even say that using pads is against our Indian culture so
the sanitary pads should be banned, at first it made me laugh. But such mentality is really dangerous for us as
society. Let’s take each and every critique one by one and see which one is more illogical and which one is less.
No doubt pollution is growing day by day and it’s a high time that we should take measures to reduce pollution.
It is also true that the reduced tax on sanitary pads will increase their usage as many unfortunate women will be
able to afford them now. Even when there was a tax on the pads, they were a cause of pollution because of the
type of material used in them. It is non-biodegradable and thus causes the pollution. So, what is the problem? It’s
the ban on tax or the material used and our ways of disposing the pads? Instead of criticizing the ban, its more
logical to start making ecofriendly pads and making a way to dispose the pads in a productive way. Yes!!
Productive way. Menstrual blood is said to be a healthy fertilizer for the soil and provide a nutritious environment
for plants and shrubs to grow in. Yes, the same blood which many of us consider impure. So, if used in a right
manner, the decomposable pads will not only cause less pollution but also help the environment. But again, the
issue is our mentality, we can use cow’s excreta as a fertilizer but a woman’s blood is impure just because it comes
out of her vagina (from where everyone of us has come apparently) or because our “culture” says its impure. So,
it is clear that its not the ban which is causing environmental problem after all. Economic growth is indeed a very
important factor in a country’s overall development and so is the betterment of its citizens. And when I say
citizens, it also includes the financially or socially challenged women who do not use sanitary pads due to certain
reasons. So, when we say that condoms should be tax free because it prevents sexually transmitted disease, we
should also keep in mind that when women do not use sanitary pads, their sexual organs get effected. Some
become infertile, some catch deadly infections which intern are sometimes transferable. So, our country’s growth
grows when the tax on such sanitary items are removed as the human resources will get better. It is pointless to
analyse if a policy is a political move or not as long as it does good of people so the people who are saying that it
is just a political move are the ones who are making it a matter of politics. I feel pity for people who consider pads
as a luxurious item. Its funny how women are asked to pay to bleed. On one hand, a small patch of blood on a
girl’s pants makes the whole world uncomfortable and on the other, the thing which helps her to prevent the leak
healthily is asked to be taxed (as if gender discriminatory wages and laws were not enough to suppress them).
Suppressing women on the name of culture, tradition, rituals etc. is in trend since forever. There was a time when
our culture which said it was okay to put a living woman on fire if her husband dies. We don’t do that now, at
least not literally! The person who said this to me was actually wearing jeans and a foreign branded shoe. I wish
I would have asked him to wear dhoti kurta to make him realise his hypocrisy.

There are many countries like Canada, Nigeria, Lebanon, Kenya, Tanzania, Australia where the sanitary pads are
tax free. India has also joined the club in 2018. In India, we have given ourselves the Constitution which gives us
certain Fundamental rights, right to life (article 21) is one of them. Using Sanitary pads is a woman’s right to life
with dignity. You can not have blood flowing through you when everyone out there considers it impure and
blasphemous. Right to healthy environment, right to sanitation. All this comes under Article 21 of Indian
Constitution. When government imposes ban on the sanitary pads, it also indirectly infringes all these rights.
How? The women who can not afford the expensive napkins use unhygienic cloths, rags, ashes, etc which do not
help to absorb blood if there is a heavy flow. They are really unhealthy because using them, the women catch
deadly infections. Moreover, because of lack of proper sanitation, many girls are forced to drop out from school
which is infringing their Right to education (Article 21A). 23 Million women drop out of school every year when
they start menstruating in India. Due to the same reason and logic, the women can not even work. The right to
freedom of occupation of our own choice is very well given t o us, but if you won’t give women an opportunity
to be capable of doing the occupation comfortably, what is the point?
The tax also promotes more inequality as the girls in many Indian household are made to stay in a place where
they can not enter the rest of the house. This is because the sanitary cloth or ashes which they use can not absorb
the blood nicely and if that “impure” blood drops on the house’s floor everything becomes “impure”. So, where
the men of the house enjoy the patriarchy, the women have to suffer. Sanitary pads might not bring an instant
change in the mentality of these people but at least it will ensure the comfort and good health of those women.

Conclusion:
With all this discussion I don’t think that the question of not taxing sanitary pads is even debatable. The
government has very rightfully banned the tax on sanitary pads. The mentality of the people regarding
menstruation will take time to change. The acceptance of this banned tax and the advantages of this is still to be
explained to a major part of educated and uneducated Indian population. But till then, we can only hope that the
government makes more such policies and laws and ban all those policies which suppress women and other
discriminated classes. Even if it doesn’t, the activists and our constitution is always there to the rescue. MAY
EVERYONE HAVE INCREASED LOGICAL QUOTIENT. AMEN!