Sushree Mohanty
The Gujarat High Court has directed the State to follow a set of rules and guidelines in a bid to prevent the social exclusion of women and girls on the grounds their menstrual status at private or public places, religious or educational institutes etc.
The decision of the court comes in the wake of a public interest litigation (PIL) moved before the court after 68 young girls residing at a hostel of Shree Sahjanand Girls Institute in Bhuj town of Kutch were strutted through the school into the bathroom. They were then compelled to remove their undergarments in order to prove that they were not menstruating.
The division bench issued notification to the state and association governments as well as the Sahajanand Girls Institute and the Narayan Dev Sansthan in Ahmedabad. It has also sought their response on the matter. The Bench comprises Justice J. B. Pardiwala and Justice Ilesh J. Vora.
The bench has also suggested that the state government should spread awareness among the health workers, teenagers, parents and other such individuals in regards to social rejection of women based on their menstrual cycle.
The court stated that such awareness could be intimated through different mediums like setting up banners at public spots, inclusion of such in educational programs, utilizing general media mediums like radio, entertainment or news channels, etc with a strategy to spread the message about female health and hygiene.
The court likewise proposed for refinement and sensitization of health workers, Accredited Social Health Activists (ASHA) and Anganwadi Workers relating to the natural process of menstruation.
The court emphasized on this proposition on the ground that this will help in additionally dispersing information and awareness to the general public and will help eliminate myths related to menstruation.
The bench further encouraged the state government to hold various drives or organise campaigns and involve certain other private authorities or Non-Profit Organisation to spread the message on the issue of social prohibition of women based upon menstrual cycle.
In order to guarantee the implementation of the proposed guidelines, the bench has additionally directed the state government to allocate funds in order to adhere to the execution of the bearings.
The court further stated that “Young girls normally grow up with restricted information on the monthly cycle of menstruation due to the reason that their mothers avoid talking about the issues with them. The girls may themselves not know about the realities or hygiene practices, and therefore end up passing the social restrictions and limitations.”
Alluding to the non-friendly school environment and lack of awareness and information on menstrual protection, or safe and sanitized environment adds to undermining of their right to a healthy environment and right to privacy.
“Community based hygiene training efforts could demonstrate beneficial in accomplishing this errand. There is likewise a need to spread awareness among the teachers in regards to period,” the bench added.
The Court additionally issued stern bearings to the state government directing it to ensure that all educational institutes, hostels etc stop the practice of female exclusion due to menstruation.
It additionally stated that the state government must conduct certain surprise examinations and introduce appropriate mechanisms to adhere to the court orders including introducing penalties in cases where the guidelines are being infringed and impose such penalties on the institutions.
Subsequently, taking into consideration the sensitivity of the matter, the Court sought for response from both the state government as well as the Centre on the matter.
“We clarify that the aforementioned is only by all appearances thought of the issue being referred to. We are aware of the way that we are deliberating upon a sensitive issue and, subsequently, it is vital for this Court to hear every one of the respondents and all parties involved. The previously mentioned orders should not be interpreted as though this Court has decided for final. A healthy and significant discussion or deliberation is essential in the current prosecution,” the bench included in its request.