SC directs States, UTs to submit their responses on menstrual hygiene policies by Aug 31

Supreme Court on Monday warned the States and Union Territories to submit their response to the Centre by August 31

New Delhi: The Supreme Court on Monday warned the States and Union Territories to submit their response to the Centre by August 31 on forming a uniform national policy on menstrual hygiene for girls studying in schools.

Many States and Union Territories have not yet submitted their responses on menstrual hygiene policies to the Centre. The Centre informed the Supreme Court that only four states have submitted their responses.

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The SC warned that it will “take recourse to the coercive arm of the law” if they failed to do so by August 31.

A bench of justices Chief Justice of India DY Chandrachud and also comprising justices JB Pardiwala and Manoj Misra issued the direction after Delhi, Haryana, West Bengal and Uttar Pradesh submitted their responses.

Aishwarya Bhati, Additional Solicitor General, stated that pursuant to the April 10 order this year, responses have been received by the Union Government only from governments of Delhi, Haryana, West Bengal and Uttar Pradesh.

“We direct all other states and union territories to submit their responses positively by 31 August 2023,” the court said.

The States and Union Territories, which are in default, are placed on notice that should there be any further default in submitting their responses, the Court would be constrained to take recourse to the coercive arm of the law, the court said and listed the proceedings on 6 November 2023 for further hearing.

The Supreme Court had earlier asked all State Governments to send their menstrual hygiene policies to the Centre within a period of four weeks.

The apex court had also asked the Centre to engage all States to see that a uniform national policy is implemented relating to sanitary pads for school-going girls.

It remarked that the petitioner raises an important issue of public interest bearing on the need for menstrual hygiene of girls who are studying in schools.

Centre, represented by Additional Solicitor General Aishwarya Bhati, had urged the court that all States and UTs may be directed to submit their menstrual hygiene management strategies and plans which are being executed either with the help of funds provided by the central government or their own funds, to the Mission Steering Group (MSG) of the National Health Mission (NHM) within a period of 4-6 weeks.

The mission steering group can re-evaluate the national guidelines based on experiential learning of the last ten-plus years.

Centre response had come on a plea seeking to issue directions to governments to provide free sanitary pads to girls studying in Classes 6 to 12.

Centre had also apprised the court about its proposal to direct all states and UTs to make provisions for ensuring the availability of quality low-cost sanitary pads, and vending machines in schools. All States and UTs may further be directed to ensure that a disposal mechanism is available for schools/school complexes having girls enrollment in upper-primary/Secondary/ Higher Secondary classes for safe disposal of sanitary pads.

Taking note of the importance of the matter, the court had issued various directions including one that all states should send the Union their menstrual hygiene policies within a period of 4 weeks and to ensure low-cost sanitary napkins and safe disposal mechanisms. The court nominated the secretary of the health ministry to facilitate the process.

The court was hearing a plea seeking to issue directions to governments to provide free sanitary pads to girls studying in classes 6 to 12.

The plea has been moved by social activist Jaya Thakur through advocates Varinder Kumar Sharma and Varun Thakur.

The petitioner said that serious difficulty is faced by adolescent females between the ages of 11 and 18 years coming from poor backgrounds.

“These are adolescent females who are not equipped with and are also not educated by their parents about menstruation and menstrual hygiene. The deprived economic status and illiteracy leads to the prevalence of unhygienic and unhealthy practices which has serious health consequences; increases obstinacy and leads to eventual dropping out from schools,” the petitioner said.

Henceforth, in the plea, the petitioner has sought to issue directions to provide the separate girl toilet in all Government, Aided and residential schools and to issue directions to provide one cleaner in all Government, Aided and residential schools to clean the toilets.

The plea also sought to issue a writ order or directions in the nature of mandamus to the Respondents to provide a three-stage awareness programme i.e. Firstly, the spreading of awareness about menstrual health and unboxing the taboos that surround it; Secondly, providing adequate sanitation facilities and subsidised or free sanitary products to women and young students, especially in disadvantaged areas; thirdly, to ensure an efficient and sanitary manner of menstrual waste disposal.

In India, the right to health derives from the Directive Principles of State Policy and is an established right under Article 21 of the Constitution of India which guarantees the right to life and dignity, the petition said.

The ability to manage menstruation in a hygienic manner is fundamental to the dignity and well-being of women, especially in a democratic society. It constitutes an integral component of basic hygiene, sanitation, and reproductive health services. Inadequate menstrual hygiene management compromises girls education, health, and well-being.

Therefore, efforts to address these inadequacies must involve the provision of sanitation and hygiene facilities along with creating an enabling social and physical environment that addresses all menstruation-related needs, the petition said.