Framing Laws Prohibiting Exclusionary Practices Against Menstruating Women, Notice To Centre & State: Gujarat High Court

The Gujarat High Court recently issued notice in a PIL seeking framing of law specifically dealing with the alleged exclusionary practices against menstruating women & framing of appropriate guidelines for enforcing the fundamental rights of women in this regard. 

The Division Bench of Justice J.B Pardiwala & Justice Ilesh J Vohra issued notice to Centre & Gujarat State Government in the PIL.

“Although menstruation is a physiological phenomenon, a natural part of the reproductive cycle experienced by every woman, yet it has always been associated with taboos and myths, which exclude women from their daily course of life. The myths are based on an assumption that a woman is impure and would pollute during her menstruation. She is, therefore, kept in isolation, excluded from the daily activities; not allowed to touch water; not allowed to cook; not allowed touch vessels; required to use a separate bedding; remain in a separate earmarked place and certainly not visit the temples or participate in any religious ceremony or rituals”, the plea has stated. 

The present PIL was filed after an incident reported by media on February 14, 2020 as per which 68 undergraduate girls in a hostel run by Respondent No. 5 were paraded through the college into the restroom & were forced to undergo a strip test by removing their undergarments to prove that they were not menstruating. The incident took place upon a complaint by the hostel rector to the principal alleging that menstruating females were violating their religious norms. 

In the petition, the applicant made the following relief for issuance of a writ of mandamus directing the respondents to:

• Issue guidelines, make rules, issue advisories, do surprise checks, create appropriate mechanism and to take such other actions, steps as may be necessary to ensure that no educational institutions, hostels and living spaces for women studying, working and others, private or public, by whatever name called, follow social exclusion of women on the basis of their menstrual status;
• Spread awareness, effectively, through every possible medium, by allocating necessary funds for the same and by undertaking an awareness building on an aggressive basis inter alia, stating that menstruation is a normal physiological phenomenon which is experienced by every woman during her reproductive phase, that the same does not make her impure, polluting, inadequate and unequal and does not require her exclusion in any form at any place, be it private or public;
• Forthwith stop social exclusion of women on the basis of the menstrual status at Respondent No.5 and any and every other institution run/managed/administered by them with immediate effect;
• stop following exclusionary practice against women on the basis of their menstrual status in all their institutions with immediate effect;
• Collect data with respect to educational institutions, hostels and common living spaces for women whether studying, working and others, private and public, run within the State of Gujarat and place the same before the Hon’ble Court
• Issue guidelines and instructions to all educational institutions, hostels and common living spaces for women whether studying, working and others, private and public, run within the State of Gujarat requiring them not to follow any exclusionary practice in any form whatsoever against women on the basis of their menstrual status;

Reliance was placed by the petitioner’s counsel on the relevant paragraphs of the Apex Court judgement in Vishaka & Ors. vs. State of Rajasthan & Ors., AIR 1997 SC 3011 & Indian Young Lawyers Associations & Ors. vs. State of Kerala & Ors. (2019) 11 SCC 1.

Thus, the Bench while issuing notice returnable on 30th March, 2021 proposed to issue the following directions: 

1. Prohibit social exclusion of women on the basis of their menstrual status at all places, be it private or public, religious or educational;
2. The State Government should spread awareness among its citizens regarding social exclusion of women on the basis of their menstrual status through various mediums like putting up posters at public places, including it in school curriculum, using audio visual mediums like radio, entertainment/news channels, short films etc. The first and foremost strategy in this regard is raising the awareness among the adolescent girls related to menstrual health and hygiene. Young girls often grow up with limited knowledge of menstruation because their mothers and other women shy away from discussing the issues with them. Adult women may themselves not be aware of the biological facts or good hygienic practices, instead passing on cultural taboos and restrictions to be observed Community based health education campaigns could prove worthwhile in achieving this task. There is also a need to spread awareness among the school teachers regarding menstruation.
3. Empowerment of women through education and increasing their role in decision-making can also aid in this regard. Women and girls are often excluded from decision- making due to their lower literacy levels per se. Increasing the education status of women plays an important role in improving the health status of the community at large and overcoming the cultural taboos, in particular. Sensitization of health workers, Accredited Social Health Activists and Anganwadi Workers regarding menstruation biology must also be done so that they can further disseminate this knowledge in the community and mobilize social support against busting menstruation related myths. Adolescent Friendly Health Services Clinics must also have trained manpower to address these issues.
4. The State Government should hold campaigns, drives, involve NGOs and other private organizations to spread such awareness;
5. The State Government should include the issue of social exclusion of women on the basis of their menstrual status in all existing campaigns/schemes that aims at menstrual hygiene;
6. The State Government should allocate necessary funds for the implementation of the directions;
7. The State Government should prohibit all educational institutions, hostels and living spaces for women-studying working and others, private or public, by whatever name called, from following social exclusion of women on the basis of their menstrual status in any manner;
8. The State Government should undertake surprise checks, create appropriate mechanisms and to take such other actions, steps as may be necessary to ensure its compliance including imposition of appropriate penalty against the erring institution.

Case Title: Nirjhari Mukul Sinha v. Union of India