Untouchability That No One Talks About: Menstruation And Isolation

Justice Chandrachud, in the Sabarimala Temple case had held that untouchability is not just limited to inequalities pertaining to the caste system but also extends to certain forms of gender discrimination and that exclusion of women and designating them as impure due to menstruation is a form of untouchability. It has deprived them from enjoying their rights to the fullest and has also prevented them from living a dignified life. This belief is found is almost all the religions, except perhaps Sikhism and the Baha՛’i faith. Even though our Constitution guarantees right to freedom of religion, it is subject to right to equality and right to life. When it comes to practicing untouchability against women in the name of religion, there has been utter disregard for their rights. There have been numerous incidents, one of which was deemed as “not grave” by the Gujarat High Court. This judgment is an example of how such injustices have been ignored so conveniently that ushering in change has become a difficult task. There is a need for legislations which criminalizes this form of untouchability and empowers women to speak up against these atrocities so as to emancipate women from conservative and regressive forces