Prohibit social exclusion of women at private, public, religious, educational places on the basis of their menstrual status: Gujarat High Court

The Gujarat High Court recently issued a slew of guidelines to the State government with a view to prohibiting the social exclusion of women on the basis of their menstrual status (Nirjhari Sinha v. Union of India)..In its order, Court also expressed concern over the social stigma which women have been facing due to menstruation..A Bench of Justices JB Pardiwala and Ilesh J Vora passed the directions in a writ application filed in the wake of an incident at Sahjanand Girls Institute in Bhuj, Gujarat, where around 68 girls were forced to undergo a strip test and remove their undergarments to prove that they were not menstruating..Filed by founder of Jan Sangarsh Manch and Director of AltNews Nirjhari Sinha, the application sought the introduction of a law that specifically deals with the exclusion of women on the basis of their menstrual status. The application also sought directions to the government to undertake aggressive awareness programmes and to ensure that no educational institution, hostel or living space for women follow social exclusion of women on the basis of their menstrual status..The Court accordingly issued the following directions to the State government:(i) Prohibit social exclusion of women on the basis of their menstrual status at all places, be it private or public, religious or educational; (ii) Spread awareness 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 etc...Community based health education campaigns could prove worthwhile in achieving this task. There is also need to spread awareness among the school teachers regarding menstruation. (iii) 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.(iv) 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. (v) The State Government should hold campaigns, drives, involve NGOs and other private organizations to spread such awareness; (vi) 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; (vii) The State Government should allocate necessary funds for the implementation of the directions;(viii) 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; (ix) The State Government should undertake surprise checks, create appropriate mechanism and to take such other actions, steps as may be necessary to ensure its compliance including imposition of appropriate penalty against the erring institution..Menstruation is violative of human, legal, and fundamental rights of women.Appearing for the applicants, advocate Megha Jani submitted before the Court that such social exclusion of the woman is in contravention of Articles 14, 15, 17, 19 and Article 21 of the Indian Constitution. It was submitted that excluding a woman from touching water, vessels, entering kitchen, entering sleeping quarters, entering temples and/or forcing any woman to stay in isolation during the period of her menstruation is violative of human, legal, and fundamental rights of women.."The fact remains that the exclusionary practices in one form or the other is very much a part of social fabric of our country and affect large number of women in the most discriminatory and inhuman way," counsel for the applicants further argued..While affirming the contentions raised by the applicant, the Court observed that the practice is rooted in the the cultural belief associating menstruation with impurity."This stigma has built up due to the traditional beliefs in impurity of menstruating women and our unwillingness to discuss it normally. We don't know what may have been the reason that forced the holy men to refer to menstruating women as 'unclean'," the Court noted.."Menstruation has been stigmatised in our society. This stigma has built up due to the traditional beliefs in impurity of menstruating women and our unwillingness to discuss it normally."Gujarat High Court.Poor awareness and hygiene.The Court discussed how large numbers of girls in less economically developed countries drop out of school when they start menstruating. In India, this number is as high as 23%, the Court stated.Further, it observed,"There are health and hygiene issues also to consider relating to girls and menstruation. Over 77% of menstruating girls and women in India use an old cloth, which is often reused. Further, 88% of women in India sometimes resort to using ashes, newspapers, dried leaves and husk sand to aid absorption. Poor protection and inadequate washing facilities may increases susceptibility to infection, with the odor of menstrual blood putting girls at risk of being stigmatized. The latter may have significant implications for their mental health.".The challenge of addressing the socio-cultural taboo associated with menstruation is further compounded by the fact that there is a lack of knowledge and understandings of menstruation and reproductive health in general, the Court added. It thus proceeded to pass the directions mentioned above..Apart from issuing a slew of guidelines on how to combat the taboo associated with menstruation, the Court also sought the response of the Central government in the matter..[Read order]