Menstrual Untouchability and Sanatana Misogyny: The Moral Outrage of Justice Nagarathna

Recently, Supreme Court Justice B.V. Nagarathna made a significant observation, challenging the regressive societal outlook on menstruation. During a hearing regarding discrimination against women in places of worship like Sabarimala, her question shook the very foundations of the "pseudo-purity" constructed by Sanatana Dharma.

Justice Nagarathna

1.The Core Argument of Justice Nagarathna

In her remarks, Justice Nagarathna pointedly asked: 

"How can a woman be treated as 'untouchable' for three days a month and then suddenly become touchable on the fourth day? Such treatment of a woman as an untouchable cannot be accepted under any circumstances."

This moral outrage from a woman holding one of the highest judicial offices in the country exposes how Sanatana Dharma has used the concept of 'pollution' (Theettu) to demean women for centuries.

2.Sanatana’s Structured Misogyny

The Manusmriti, the fundamental legal code of Sanatana Dharma, does not treat women as independent human beings but prescribes rules to keep them enslaved across generations.

• Pollution as a Weapon: According to Manusmriti (5-85), touching a menstruating woman is equated to touching a corpse or those deemed "untouchable." It claims that a man can only regain purity by bathing after such contact.

• Denial of Worship: The same ideology of pollution lies behind the ban on women aged 10 to 50 at the Sabarimala Ayyappa Temple. To argue that a woman's biological cycle could ruin the 'celibacy' of a deity is nothing but a depiction of the female body as an inherent source of impurity.

3. Life-Cycle Taboos and the Devaluation of Motherhood

Sanatana labels even the most natural transitions in a woman's life as 'Dosha' (affliction/defect):

• Puberty & Childbirth: It isolates women by branding puberty and childbirth as polluting events (Manu 4:212, 5-62).

• Bangle Ceremony (Seemantham): What we celebrate today as 'Seemantham' is defined in Sanatana as a ritual to remove the 'Dosha' of the fetus within the mother's womb (Manu 2-27). Labeling the sublime act of nurturing a life as 'impure' is the pinnacle of Sanatana’s degradation of women.

4. The Voice of the Siddhars: Rebellion from 1500 Years Ago

The same logical question raised by Justice Nagarathna today was aggressively sung by Siddhar Sivavakkiyar over 1500 years ago:

"Month after month the menses flows; is that forgotten menses not what grew into a form? Where then is the source? Where is the Veda? Where are the 'noble' castes, O fools?"

Sivavakkiyar challenged the hypocrisy of those who call menstruation "pollution," pointing out that they themselves entered this world through that very same cycle.

5. Modern Struggles and the Right to Leave

Despite Sanatana's attempts to confine women at home using menstruation as an excuse, women today excel in all fields. Yet, this patriarchal society refuses to recognize the physical pain women endure during menstruation.

• Right to Life: Menstrual pain is often described as being as severe as a heart attack. Providing paid menstrual leave is a matter of the "Right to Life" under Article 21 of the Indian Constitution.

• Social Perspective: The poet Bharathi’s words, "Let us burn the ignorance that demeans women," remain only on paper. As long as those with a Sanatana mindset remain in power, even basic needs like menstrual leave will be viewed through the lens of 'pollution.'

Conclusion

Justice Nagarathna’s observation is not merely a legal opinion; it is a voice for the self-respect of millions of women. While Sanatana Dharma pretends to revere women, in practice, it suppresses them in the name of ritual purity.

True equality will only be achieved when biological changes in women are accepted naturally, and when they are granted equal rights and dignity—from places of worship to the workplace.

P Sekar

Advogate