Gandhinagar, March 8: On the International Women's day, Gujarat
High Court directed the state government on Monday, to prohibit the social
exclusion of women at public places due to menstrual cycles and to spread
awareness through various mediums and sensitisation programmes of health
workers.
The Gujarat High Court also directed the government to allocate required
funds for the same. The high court also asked the state and centre to respond
to the directions and has scheduled the next hearing on the March 30.
This was an intermediate order in response to a Public Interest
Litigation (PIL) filed in the Gujarat high court by Nirjhari Mukul Sinha, well
known social activist. The high court bench of Justice, J B Pardiwala and
Justice Ilesh J Vora, issued the directions to Gujarat government and the Central
Government regarding the social exclusion practiced by many institutions and
sections of society against menstruating women.
In the order, the court directed the state government to
prohibit social exclusion of women on the basis of their menstrual status at
all places, be it private or public, religious or educational. The bench also
directed the government to spread awareness among its citizens regarding social
exclusion through various mediums like posters in public spaces, including the
subject in school curriculum, using audio visual mediums like radio,
entertainment and news channels and short films. The bench asked to spread
awareness among school teachers regarding menstrual cycles.
The court observed that empowering women through education and
increasing their role in decision-making could also help in this area.
"Sensitisation of health workers, accredited social activists and
Anganwadi workers regarding menstrual cycle must be undertaken to disseminate
knowledge in the community and to mobilise social support to bust myths about
menstruation," the Gujarat High Court observed.
"This public interest litigation is the outcome of a very
unfortunate incident that was reported by the media on 14th February,
2020," the high court said in its order on Monday.
"We are talking about the incident that occurred with 68
girls in a hostel run by the respondent No.5, (Shree Sahajanand Girls Institute
(SSGI), Bhuj) herein being forced to undergo a strip test. It was reported that
68 undergraduate girls were paraded through the college into the restroom
and forced to individually remove their undergarments to prove that
they were not menstruating.
The incident in question took place after the hostel rector
complained to the principal that some of the girls had been violating the
religious norms which menstruating students were required to follow.
The Bhuj police, in February last year, had booked four people
in an FIR in the Shree Sahajanand Girls Institute (SSGI) case where 68 girls
were allegedly forced to strip to prove that they were not menstruating.
The National Commission of Women (NCW) had also taken a suo moto
cognizance of the matter and had set up an enquiry committee to probe the
matter. Gujarat State Women Commission (GSWC) had also ordered the state police
to conduct an investigation in the matter.
The Bhuj Police had booked the SSGI Principal Rita Raninga,
hostel coordinator Anita Chauhan, hostel supervisor Rameelaben and peon
Naynaben on charges of sexual harassment, extortion and criminal intimidation
among other charges in the said case.
According to the students of the SSGI, the administration kept
the girls in physical isolation during their monthly menstrual period, but the
girls were asked to strip for the first time in February 2020.
The incident occurred after a hostel staff found a blood stained
sanitary napkin on the hostel premises. The authorities wanted to identify the
“culprit” who had “violated the menstrual cycle norms of the college”. The
warden informed the principal of the college and asked her to take
action.
They made an announcement and asked all hostel residents to
assemble in the lobby where the principal threatened to rusticate the students
from the college if they protested against the check. The girls were then
called into the washroom where the female peon embarrassed the girls by asking
them to remove their inner garments to check their menstrual status.
The Gujarat HC has scheduled further hearing on March 30 in the
case.