Law that breaks taboos: Nepal criminalises Chhaupadi

By Ashna Butani

Menstrual taboo has plagued several countries all over the world. Nepal, in particular, practised the custom of ‘chhaupadi’. Chhaupadi entails that a menstruating woman is kept out of the house and forced to live in a makeshift hut or cattle shed. This practice came to light after two women died while sleeping in sheds. A law to criminalise this practice was passed on 9th August. Those found guilty of forcing a menstruating woman to stay out of the house will face a three-month sentence and have to pay a fine of $30. Changing a social custom may not be an easy task, but lawmakers have taken the first step to transcend this age-old custom.

In the name of religion

The atrocious custom of forcing a woman out of her house while she is on her periods is practised in the name of religion. Hindu custom recognises a woman as ‘impure’ while she is menstruating. This practice is observed mainly in the Western part of Nepal for Hindu woman. The system comes from the age-old superstition that a menstruating woman or a woman who has just given birth is unclean. If she touches a tree, it will never bear fruit and if she touches a cow, it will never give milk. It is believed that if she touches a book, Goddess Saraswati will become angry and if she touches a man, he will become ill.

Upsurge in humanitarian sentiments

In spite of advancing in numerous other ways, these areas continued with this practice. However, the death of two women in 2016 led to an upsurge in humanitarian sentiments in the area. These innocent women were victims of a baseless belief which led to their untimely death. They died due to smoke inhalation and carbon monoxide poisoning from the fires they made in their makeshift huts to keep themselves warm against the cold outside. In the past, numerous women have been vulnerable to death from snake-bites, rape, wild animal attacks and cold. Recently, a teenage girl died from a snakebite while she was sleeping outside her home. These deaths have sparked an unprecedented protest that eventually gave way to a ground-breaking change in the form of a new law.

A revolutionary law

The new law, passed on Wednesday, bans this tradition and penalises all those who practise it. Krishna Bhakta Pokharel, coordinator of the sub-committee that drafted the law said that the legislation will come into force over the next year. Campaigns will be organised to spread awareness on the subject. Apsara Nepune, mayor of Chandanath in Western Nepal believes that the biggest hurdle is changing the mentality of the people.

A social norm is something that takes ages to build and it is not possible to smash it overnight. However, a legal remedy is the fastest way to right an unethical ritual. Nepal’s immediate neighbour, India, abounds in menstrual taboos and myths. Nepal, on the other hand, has successfully blazed a new path for the freedom of women. A successful implementation of this law will impact not only the Western areas of Nepal but will resonate in our patriarchal world until one day it destroys it.


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