The Gujarat High Court has proposed to prohibit “social exclusion of women on the basis of their menstrual status in any manner” at all educational institutions, hostels and living spaces for women – female students, working women and others.
The court also opined that the State must include the issue of social exclusion of women on the basis of their menstrual status in all existing campaigns/schemes that aim at menstrual hygiene.
The Bench of Justice J. B. Pardiwala and Justice Ilesh J. Vora were hearing a public interest litigation (PIL) filed in connection with an unfortunate incident wherein, over 68 girls in a hostel in Kutch were reportedly asked to strip to prove that they were not menstruating.
They were paraded through the college into the restroom and forced to individually remove their undergarments. This incident took place on February 14, 2020, after the hostel rector complained to the principal that some of the girls had been violating their religious norms, specifically for the menstruating females.
The petitioners had claimed that this practice of exclusion of women on the basis of their menstrual status is violative of human, legal and fundamental rights of women, more particularly, those as enshrined under Articles 14, 15, 17, 19 and 21 respectively of the Constitution.
Court’s observations
The Division Bench said that 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. We don’t know what may have been the reason that forced the holy men to refer to menstruating women as “unclean”. But all religious (excluding Sikhism) refer to menstruating women as ritually unclean”, said the High Court.
The court said that this has become a “taboo” and even to this date the cultural and social influences appear to be a hurdle for the advancement of knowledge on the subject. Words like ‘dirty’ and ‘impure’ are still used to define menstruation.
The court further remarked, “Many girls and women are subject to restrictions in their daily lives simply because they are menstruating. Not entering the “puja” room is the major restriction among the urban girls whereas, not entering the kitchen is the main restriction among the rural girls during menstruation. Menstruating girls and women are also restricted from offering prayers and touching holy books. The underlying basis for this myth is also the cultural beliefs of impurity associated with menstruation.”
The court also referred to absurd findings of a study by Kumar and Srivastava in 2011, that said that even women think that “during menstruation, the body emits some specific smell or ray, which turns preserved food bad. And, therefore, they are not allowed to touch sour foods like pickles. However, as long as the general hygiene measures are taken into account, no scientific test has shown menstruation as the reason for spoilage of any food in making.” held the court.
On menstruation being treated as a taboo in the country, the Gujarat High Court made some very important observations. The key excerpts are as follows:
“Such taboos about menstruation present in many societies impact on girls’ and women’s emotional state, mentality and lifestyle and most importantly, health. Large numbers of girls in many less economically developed countries drop out of school when they begin menstruating. This includes over 23% of girls in India.
“In addition to this, the monthly menstruation period also creates obstacles for the female teachers. Thus, the gender–unfriendly school culture and infrastructure and the lack of adequate menstrual protection alternatives and/or clean, safe and private sanitation facilities for female teachers and girls undermine the right of privacy.
“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 increase susceptibility to infection, with the odour 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 taboos and beliefs in menstruation, is further compounded by the fact the girls’ knowledge levels and understandings of puberty, menstruation, and reproductive health are very low.”
Directions
While noting the difficulty young menstruating girls and women face in India, the court proposed to issue certain guidelines to the Gujarat Government. Besides, prohibiting social exclusion of women, the court opined that the 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 court suggested the government focus on the literacy levels of women as “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.”
The court added that, “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.”
The high court also directed the State government to undertake surprise checks, create appropriate mechanisms and to take necessary action and steps to ensure its compliance including imposition of appropriate penalty against the erring institution.
The court then, clarified that these were just “prima facie considerations” and it sought the response of the State Government as well as the Union of India. “We are conscious of the fact that we are dealing with a very delicate issue and, therefore, it is necessary for this Court to hear all the respondents and other stake holders”, said the Bench.
The matter will now be taken up on March 30, 2021.
The order may be read here:
Related:
Lack of menstrual hygiene facilities depriving girls of right to education: J&K HC
Most Indian Girls Unprepared For Menstruation, Taboos Drive Unhygienic Practices