PROHIBIT EXCLUSION OF WOMEN ON THE BASIS OF THEIR MENSTRUAL STATUS: GUJURAT HC

11th March 2021

The Gujarat High Court recently issued guidelines to the State Government intending to prohibit the exclusion of women based on their menstrual status.

The Bench of Justice J.B. Pardiwala and Justice Ilesh J Vora was hearing a Writ PIL in connection with an unfortunate incident wherein over 60 girls in a hostel were forced to strip to prove that they were not menstruating. The incident took place after the hostel rector complained that some girls had been violating religious norms, especially menstruating females.

The Writ petition stated that such practice against women is a violation of fundamental, legal, and human rights under Article 14,15,17,19 and 21 of the Constitution. The Bench observed that many girls are subjected to such restrictions in their daily lives. Many young girls drop out of school in India because of cultural belief in the impurity of menstruation. There is a lack of clean, safe, and private sanitation facilities for female teachers and students.

Based on the observation, the Court proposed to issue direction for the State Government to follow, few are:

1.    Spread awareness among citizens and bust menstrual myths,

2.    Prohibit exclusion of women on the basis of their menstrual status,

3.    Make Surprise checks in institutions and impose penalties against those who discriminate.

Author: Papiha Ghoshal

Picture: Money Control