Gujarat High Court
Nirjhari Mukul Sinha vs Union Of India on 21 December, 2020
Author: J.B.Pardiwala
Bench: J.B.Pardiwala, Ilesh J. Vora
C/WPPIL/38/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 38 of 2020
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2020
In R/WRIT PETITION (PIL) NO. 38 of 2020
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NIRJHARI MUKUL SINHA
Versus
UNION OF INDIA
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Appearance:
MS MEGHA JANI(1028) for the Applicant(s) No. 1,2
for the Opponent(s) No. 1,3,4,5
MS. MANISHA LUVKUMAR SHAH, LD. GOVERNMENT PLEADER/PP(99)
for the Opponent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 21/12/2020
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. We have heard Ms. Megha Jani, the learned counsel appearing for the writ applicants and Ms. Shah, the learned Government Pleader for the Staterespondents.
2. By this writ application filed in public interest, the writ applicants have prayed for the following reliefs;
"(A) That the Hon'ble Court, in exercise of its writ jurisdiction under Article 226,
(i) Declare that there is need to make law that specifically deals with exclusionary practice against women on the basis of their menstrual status;Page 1 of 4 Downloaded on : Thu Dec 24 21:40:47 IST 2020
C/WPPIL/38/2020 ORDER
(ii) frame guidelines in the meanwhile for enforcement of fundamental rights of women preventing and prohibiting exclusionary practice against women on the basis of the menstrual status;
(B) That a writ of or a writ in the nature of mandamus or any other appropriate writ, order or direction be issued commanding Respondent Authorities to issue guidelines, make rules, issue advisories, do surprise checks, create appropriate mechanism and to take such other actions, steps as may be necessary to ensure that no educational institutions, hostels and living spaces for womenstudying, working and others, private or public, by whatever name called, follow social exclusion of women on the basis of their menstrual status;
(C) That a writ of or a writ in the nature of mandamus or any other appropriate writ, order or direction be issued commanding Respondents to spread awareness, effectively, through every possible medium, by allocating necessary funds for the same and by undertaking an awareness building on an aggressive basis inter alia, stating that menstruation is a normal physiological phenomenon which is experienced by every woman during her reproductive phase, that the same does not make her impure, polluting, inadequate and unequal and does not require her exclusion in any form at any place, be it private or public;
(D) That a writ of or a writ in the nature of mandamus or any other appropriate writ, order or direction be issued commanding the Respondents to forthwith stop social exclusion of women on the basis of the menstrual status at Respondent No.5 and any and every other institution run/managed/administered by them with immediate effect;
(E) That pending the hearing and final disposal of the petition, Respondent No. 3,4 and 5 be directed to stop following exclusionary practice against women on the basis of their menstrual status in all their institutions with immediate effect;
(F) That pending the hearing and final disposal of this petition, the Respondent Authorities be directed to collect Page 2 of 4 Downloaded on : Thu Dec 24 21:40:47 IST 2020 C/WPPIL/38/2020 ORDER data with respect to educational institutions, hostels and common living spaces for womenwhether studying, working and others, private and public, run within the State of Gujarat and place the same before the Hon'ble Court.
(G) That pending the hearing and final disposal of this petition the Respondent Authorities be directed to issue guidelines and instructions to all educational institutions, hostels and common living spaces for womenwhether studying, working and others, private and public, run within the State of Gujarat requiring them not to follow any exclusionary practice in any form whatsoever against women on the basis of their menstrual status;
(H) For such other and further reliefs as the circumstances may require."
3. This public interest litigation is the outcome of a very unfortunate incident that was reported by the media on 14th February, 2020. We are talking about the incident that occurred with 68 girls in a hostel run by the respondent No.5 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 their religious norms, specifically for the menstruating females. It is the case of the writ applicants that the practice which is being followed and encouraged 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. It is argued that the Articles, referred to above, of the Constitution ensure of securing justice, equality and liberty to all the citizens Page 3 of 4 Downloaded on : Thu Dec 24 21:40:47 IST 2020 C/WPPIL/38/2020 ORDER of this Country.
4. We are of the view that what has been brought to our notice by way of this writ petition in public interest is something extremely important and deserves to be considered at the end of this Court.
5. Ms. Shah, the learned Government Pleader, would submit that the issues raised in this litigation requires immediate attention, and the State shall assist this Court in the best possible manner.
6. Post this matter on 20th January, 2021 for further hearing before this Bench (Coram: J.B. Pardiwala & Ilesh J. Vora, J.J.).
7. In the meantime, Ms. Jani shall serve one set of her entire paperbook to Mr. Devang Vyas, the learned Addl. Solicitor General of India, who would be appearing for the Union of India. Mr. Vyas, the learned Addl. Solicitor General of India is also requested to assist this Court in this important public interest litigation.
8. In view of the above, the connected civil application, for fixing the date, stands disposed of.
(J. B. PARDIWALA, J) (ILESH J. VORA,J) Vahid Page 4 of 4 Downloaded on : Thu Dec 24 21:40:47 IST 2020