The Chief Justice of India remarked that the need for sanitation and menstrual hygiene for girls who are studying in schools is an important issue of public interest.
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ON Monday, a Supreme Court Bench, comprising Chief Justice of India (CJI) Dr D.Y. Chandrachud and Justices P.S. Narasimha and J.B. Pardiwala, directed the Union government to formulate a uniform national policy on issues relating to menstrual hygiene of girls in schools, including the provision of low-cost sanitary pads and their safe disposal, and toilets for girls.
The Bench was hearing a public interest litigation (PIL) filed by social worker Dr Jaya Thakur, seeking directions to the Union, states and the Union territories to, firstly, ensure the provision of sanitary pads to every girl child studying in classes 6 to 12, and secondly, to provide separate toilets for girls in all government, residential and government-aided schools. The plea further requested directions for other consequential measures, including maintaining toilets and rolling out awareness programmes.
In November 2022, notice was issued in this PIL to the Union government and the governments of states and Union territories. The counter-affidavit filed by the Union government indicates that three Union ministries— the Ministry of Health and Family Welfare, Jal Shakti and Education— deal with the issue. The counter-affidavit also points out that states have a vital role to play in this regard, since education and health are both state subjects.
In the order, the CJI observed, “The petition raises an important issue of public interest on the need for sanitation and menstrual hygiene for girls who are studying in schools.”
The order directs the Union government to ensure a uniform national policy with sufficient leeway for states and Union territories to make adjustments based on prevailing conditions. It further directs all states and Union territories to submit their menstrual hygiene management strategies and plans to the Mission Steering Group of the National Health Mission within a period of four weeks.
The Bench issued directions to the Mission Steering Group to re-evaluate the national guidelines. It nominated the Secretary of the Union Ministry of Health and Family Welfare as the nodal officer to facilitate coordination with other ministries, the states and the Union territories.
Further, in its directions, the Bench mandated that the states and Union territories indicate to the Mission Steering Group the appropriate ratio of girls’ toilets for residential and non-residential schools. They were also directed to provide information on the steps taken to ensure the availability of low-cost sanitary pad vending machines in schools and appropriate disposal mechanism for school complexes with the enrolment of girls in upper primary, secondary and higher secondary classes.
The Union government was directed to place the updated status report on record within a period of three months.
