By Pujanee Galappaththi and Dinithi Gunasekera   Following the 2021 Budget presentation last month, which sparked heated debate among members of the Opposition on the taxation of sanitary products, the issue of period poverty and the discussion on access to sanitary products; safe, hygienic spaces in which to use them; and the right to manage menstruation without shame became a topic of discussion within the general public.  According to the Advocata Institute, Sri Lanka has approximately 4.2 million menstruating women, thus a 15% tax imposed would have a serious impact on the women. The Sunday Morning spoke to Samagi Jana Balawegaya (SJB) National List MP Diana Gamage and SJB MP Rohini Wijeratne Kavirathne of the Opposition who were predominantly vocal in this regard.  In Gamage’s speech in Parliament, she noted concerns on how the proposed tax will affect 52% of Sri Lanka’s population and appealed to make sanitary napkins essential goods.  

 

Current sanitary napkin tax in perspective 

  The tariff rates on sanitary napkins were at 102%, starting out. After certain reforms, the Export Development Board (EDB) CESS component had been removed following a Value-Added Tax (VAT) reduction of 62% to 52% in 2019.   According to the Advocata Policy Brief (May 2020), sanitary napkins and tampons are taxed under the HS code HS 96190010. The import tariff levied on these products is 52%, and until September 2018, the tax on sanitary napkins was 101.2%. The components of this structure were General Duty (30%) + VAT (15%) + PAL (Port and Airport Development Levy) (7.5%) + NBT (Nation Building Tax) (2%) + CESS (30% or Rs. 300/kg).  To put these values into perspective, we asked Gamage if the tax amendment is a point of concern, following Trade Minister Dr. Bandula Gunawardana’s comments on how the tax reforms result in a “zero” effect.   “I inquired about it and there is no more such a thing as an extra 15% tax being imposed. There was a 30% CESS on it either way. They have simply dissected it and derived 15% as CESS and 15% tax,” explained Gamage.  “My current interest lies in bringing sanitary products under the label of essential goods and attempting to get rid of all remaining taxes,” Gamage further noted.   

Strengthening local market penetration 

  Speaking to Gamage on the rationale behind these reforms, even with a seemingly “zero effect”, she explained how it’s an attempt to encourage and give priority to the local production of sanitary products. According to her, about six local companies produce these products and there are many interested in starting up.   

 

Essential, not luxury 

  “If you estimate the minimum days per monthly menstruation per woman, two small packets of sanitary napkins are the estimated number used. In this case, a minimum of Rs. 350 is spent. In a case of three female family members per family unit, the cost they have to pay for menstruation is over Rs. 1,000 monthly,” Kavirathna explained.   Kavirathna added: “Furthermore, most people forget that the term sanitary products encapsulate diapers needed for babies, the elderly, and people with disabilities as well.”  “I believe that these products should be essential goods because it’s an ongoing phenomenon which has always existed and will persist. As long as humankind remains on Earth, this biological process would exist,” said Gamage.   “We’re looking at a span of 40-50 years of a woman’s life. There is even a small percentage of women who menstruate at the age of 60-65.”     

Burdened women and girls 

  Kavirathna added that nearly 50-60% of girls do not attend school during the time of their menses, as they do not have affordable access to sanitary napkins. She also pointed out that only 32% of women use sanitary wear in Sri Lanka, with others who are economically challenged, resorting to less hygienic alternatives such as the traditional “cloth”.   “This is particularly true in outstations,” added Gamage, echoing Kavirathna’s sentiments. “To top off the fact that it is a very difficult time for women, there are lots of issues in outstation schools that discourage school turnover of girls. There are little to no water facilities, adequate washroom facilities, or disposal mechanisms.”  “There is fear and anxiety surrounding a stain on a white dress and since these girls are shamed for it, it makes perfect sense for their natural reaction to be to stay at home.”  It should also be noted that womb cancer, which holds the second highest position in cancer among women in Sri Lanka, can be largely caused by poor menstrual hygiene, which in most cases, is a result of a structural issue for rural communities in Sri Lanka.   “At the end of the day, what I have to say is that there is very little consideration made on the behalf of the women in this country. We have lost the ministry for it as well. Today, we had the adjournment debate at Parliament and certain female MPs in Parliament themselves claim that it is justifiable. Strong women make a productive and just society. Our country has unfortunately fallen prey to party politics and neglect the rights of 52% of our country’s population and 26% of our children,” remarked Kavirathne.   

 

Menstruation is not a choice 

  In order to get a clear idea of the humanitarian aspect of the proposed tax, we spoke to women’s rights activist Shanuki de Alwis and Youth Advocacy Network Sri Lanka Director Dakshitha Wickremeratne.  Wickremeratne, providing his opinion on the matter, said that while access to healthcare is a fundamental human right, it is of paramount importance for all women and girls in Sri Lanka to have access to sanitary napkins. He agreed that access is restricted by financial limitations, lack of availability, social stigma, and limited agency due to strong patriarchal norms and that these challenges need to be overcome to ensure that all women and girls have full access to sanitary napkins to lead healthy lives.  Meanwhile, de Alwis stated: “To me, the solution is not about sanitary napkins at all. It’s about a complete shift of myopic, patriarchal mentality in government; proper and adequate female representation at policymaking levels; and a basic sensitisation to ground realities.”  “Sanitary pads shouldn’t be labelled as a ‘luxury product’. While making them more affordable and accessible, there's a long-term need to change the mindset of people through education and awareness, specifically on the importance of using sanitary products and on sexual and reproductive health and rights,” noted Wickremeratne.  

Choice 

  Adfactors PR Strategic Communications Manager and former counterpart of the Advocata team Anuki Premachandra told The Sunday Morning that although menstruation is not a choice, what women do about it should be based on choice.   “There is no point in arguing if tariff percentages on sanitary napkins are 52% or 53%. What’s important to note is that it is fundamentally still taxed,” she stated.  “Menstruation is purely a biological process and not a homogeneous experience for all women and different women have different preferences.”   

The taboo of menstruation 

  Gamage and Kavirathna both agreed that the taboo surrounding menstruation is also a contributing factor to period poverty. “It’s a worldwide phenomenon. In Sri Lanka, because of the culture and the taboo nature of the subject, people are embarrassed to speak up about this. It is nothing to be embarrassed about,” said Gamage.  This seems to be accurate even in the political stage, especially considering the backlash received by 2019 presidential candidate (Opposition Leader) Sajith Premadasa when he claimed he would distribute free sanitary napkins to women if elected.   “Many criticise even the mere discussion of this very relevant issue from a misinterpreted and archaic, ‘hanamiti’ (conservative) angle. Presently, the world is going on a redefined path and we should follow,” Kavirathna said. “With all current developments, what disheartens me are the repulsive comments made last week on the main editorial of a reputed newspaper, that speaks poorly of me as a woman who spoke out about such a ‘taboo’ issue in a public space.”    

Moving forward 

  Scotland undertook this issue by starting the provision of free sanitary products at school and university levels which is on par with Gamage’s suggestion. Kavirathna endorsed Gamage’s proposal that sanitary napkins must be given free to women of low-income families.  “Today (1 December), the Government had similar discussions to take on a similar approach at the school level. I personally think that this initiative is a great first step in the right direction in terms of not only women's rights but also regarding the disabled,” revealed Kavirathna.   “They are yet to present an action plan to precede this motion but a statement has been released. (Money and Capital Market and State Enterprise Reforms) State Minister (Ajith Nivard) Cabraal, in an informal, out-of-Parliament conversation, said that I spoke about this issue. When Sajith Premadasa spoke about it yesterday (29 November) under the Ministry of Health, the Prime Minister and Minister of Health, unanimously agreed that they would go ahead with this planned provision,”    Kavirathna added. However, she noted that investigations are needed on whether the raw material needed for local production of these sanitary napkins are found locally or not.  Several attempts to contact Minister of Trade Dr. Bandula Gunawardana and Minister of Youth and Sports Namal Rajapaksa for comment proved futile.    

Sustainable alternatives: The focus on environment 

  Writer and Founder of Happy Bleeding Nadeesha Paulis shared that sustainability is something that definitely has to be taken into consideration in all aspects of a progressive society and sustainable period products is one of them.  Happy Bleeding focuses on making menstrual cups a viable, sustainable, ecological, and economical solution for all women in Sri Lanka. They raise awareness about the benefits of menstrual cups and support open dialogue to reduce taboo.  Paulis said that menstrual cups are made using medical grade silicon (also made with latex or thermoplastic isomer), costing around Rs. 1,500-3,000 and can be used for 5-10 years depending on the brand. Menstrual cups aren’t sold islandwide but through independent sellers.   “I believe that traditional practices around menstruation are essentially harmless practices that stemmed from giving the woman the respect she deserves but were misinterpreted along the way. We have to eliminate the belief that menstruation is ‘dirty’. It is the basis of life. It's what propagates our species to go on. The human body is beautiful and wonderful. It has the ability to bring a human being into the world.”   Speaking to The Sunday Morning, medical professional Dr. Rashmira Balasuriya shared that sanitary napkins may have negative health concerns if not changed every four to six hours. She added that while there are no major side effects that occur commonly from wearing sanitary napkins, some may experience rashes and irritation, but this is usually due to wearing the sanitary napkins for long hours.  The major drawback of the sanitary pad is that sanitary pads in Sri Lanka are not biodegradable, although there are biodegradable options available in countries like India and civil societies such as The Arka Initiative looking into the introduction of these products to Sri Lanka.  Speaking of the other options available, Dr. Balasuriya referred to tampons, reusable pads, and the period cup. According to her, both tampons and the period cup cannot be suggested to girls outside of Colombo, as the concept of “virginity” is important to most Sri Lankans making them reluctant to use sanitary products that require insertion.  When asked about the possible issues of the period cup, Dr. Balasuriya said: “The period cup is a very healthy option. However, wearing the cup for prolonged periods can cause toxic shock syndrome which is a bacterial infection. But there are no reported long-term health concerns with the cup.”  Dr. Balasuriya added that the reusable pad is the other option. This, according to her, is the best choice for women and girls outside of Colombo, as they are reluctant to use the period cup.