Inadequate Menstrual Hygiene Facilities Impeding Right to Education: Jammu & Kashmir HC Seeks Center's Response

"Deprived economic status and illiteracy leads to prevalence of unhygienic and unhealthy practices which has serious health consequences," remarked the Jammu and Kashmir High Court on Tuesday while taking suo moto notice of lack of access to education and menstrual hygiene for women in the Union Territories. The primary focus of the Bench of Chief Justice Gita Mittal and Justice Sindhu Sharma was over the difficulties faced by the female adolescents in exercising their Right to Education, when they are deprived of proper menstrual hygiene products or education about menstruation or menstrual hygiene. The Bench said that such illiteracy about such an important subject will lead to unhygienic practices that have serious health consequences, and increased obstinacy, which will lead to an eventual dropping out from schools. It has therefore instructed the Government of India and the Union Territories of Jammu and Kashmir and Ladakh to report on the situation of menstrual hygiene in the two UTs. The Court also asked that menstrual health should be read along with the Right to Education, which has been enshrined under Article 21A of the Constitution of India. The Right to Education Act, 2009 states that all children from the ages of 6-14 years should have compulsory attendance of schools and should complete elementary education. The Act also calls for gender-based segregation of sanitation facilities. The Bench held that achieving both of these objectives was not possible as there existed an imbalance in the gender dynamic that hindered equal access to educational facilities. When addressing the Right to Education and menstrual hygiene, the Court stated, "Inadequate Menstrual Hygiene Management (MHM) options would be a major barrier to education, even in Union Territories of Jammu & Kashmir and Ladakh, with many adolescent girls dropping out due to lack of access to sanitation facilities, menstrual products and the stigma associated with menstruation. The difficulties faced by these young girls are compounded by the fact that there are several educational facilities and institutions without basic toilet facilities. It cannot be denied that separate and basic toilets are essential for ensuring constitutional guarantees to these children." When talking about how the topic of menstruation has been dealt with historically, the Court observed that due to the lack of awareness about this topic, there is a lot of misinformation and taboo related to menstruation. The Court further remarked that such taboos have put a restraint on the life of women. "Poor awareness of the physiology, unscientific attitudes, myths, and misconceptions including the notion that menstruating women are "contaminated," "dirty," and "impure" adversely affect their health and social lives. This has included exclusion from places of work, worship and the home, with a rigid hygiene centric routine aimed to prevent "pollution" of spaces which menstruating women may access," the Court said. In this context the Bench referred to the Supreme Court's verdict in the Sabarimala judgment where it was held that "The menstrual status of a woman is an attribute of her privacy and person. Women have a constitutional entitlement that their biological processes must be free from social and religious practices, which enforce segregation and exclusion. These practices result in humiliation and a violation of dignity." Social Exclusion Of Women, Based On Menstrual Status, Is A Form Of Untouchability: Justice DY Chandrachud The Bench remarked that such myths force the girls into dropping out of school as they are ostracised for the time during which they are menstruating. This also affects the hiring of women in workplaces as the employers often feel that menstruation will bring down the productivity of the women. The Court further went on to say that such myths and misinformation is the reason why menstruation continues to be treated as a taboo and why in many communities, it is still "shrouded in a culture of silence and shame." The Court remarked that menstruation in a hygienic manner is important to the dignity and well-being of women, especially in a democratic country like India. The Bench further added, "It constitutes an integral component of basic hygiene, sanitation, and reproductive health services. Inadequate menstrual hygiene management compromises girls' education, health, and wellbeing. Therefore, efforts to address these inadequacies must involve provision of sanitation and hygiene facilities along with creating an enabling social and physical environment that addresses all menstruation-related needs." The Court said that it is the responsibility of the states to educate children about menstrual health and hygiene and to make sanitary products accessible to all adolescents, especially those who cannot afford them due to financial ...

Inadequate Menstrual Hygiene Facilities Impeding Right to Education: Jammu & Kashmir HC Seeks Center's Response

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"Inadequate Menstrual Hygiene Management options would be a major barrier to education, with many adolescent girls dropping out due to lack of access to sanitation facilities"

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