SC: Girls must not drop out over lack of toilets, sanitary pads in schools

Supreme Court urged Centre and states to ensure girls’ education is not hindered by lack of sanitary napkins and toilets in schools, stressing strict compliance with earlier directives on menstrual hygiene, and ordered periodic monitoring and reporting of progress

New Delhi: The Supreme Court on Monday stressed that girls should not give up education only for the reason that sanitary napkins and functional, gender-segregated toilets are not available at schools and asked the Centre to ensure that its directions in this regard are effectively complied with in letter and spirit.

The apex court’s observation came after the Centre said its January 30 judgement directing authorities to provide free sanitary napkins to girl students and functional, gender-segregated toilets at schools has led to galvanisation of efforts in all states and Union Territories.

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“Make good use of it. It is for the good of women and girls of this country. Girls should not give up education and sit at home and do some domestic work only for this reason,” a bench of Justices J B Pardiwala and R Mahadevan observed.

“Now, it is for you to make the most of it and see that as far as possible, the benefits are extended in terms of our judgment,” the bench told Additional Solicitor General Archana Pathak Dave, who was appearing for the Centre.

In the landmark judgment delivered on January 30 to ensure gender justice and educational equity, the apex court directed all states and UTs to provide free oxo-biodegradable sanitary napkins to girl students and functional, gender-segregated toilets for all students at schools.

It had issued a slew of directions to all states and UTs to ensure that these facilities were provided in schools irrespective of whether they were government-run, aided or private. On Monday, the law officer referred to the summary of compliance with the directions issued by the top court in its verdict. “Are you collecting data from all the states?” the bench asked.

Dave said the Centre has collected data of roughly two to two-and-a-half months from the states.
The bench said the Centre should proceed further to see that directions issued by the apex court were effectively complied with in letter and spirit.

“The Union should keep guiding all the states in this regard. The Union should periodically keep collecting the necessary data and information from all the states as regards due compliance of our directions,” the bench said.

The top court said it would keep monitoring the compliance of directions every three months. It said the Centre would furnish a fresh report of further progress in the matter every three months. One of the advocates referred to an interim application filed in the matter and said that in its verdict, the apex court has used the word “oxo-biodegradable” sanitary napkins, which he claimed was counterproductive to the environment.

The bench told the advocate to bring it to the notice of the law officer. “Look into the interim application and take necessary steps,” the bench told Dave. The top court posted the matter for reporting further compliance on September 1. It directed all the states to furnish their status reports to the Centre by August 15.

“There shall not be any lapse on the part of any of the states in furnishing the status reports to the Union,” the bench said. It said the Ministry of Education would be the nodal ministry for the purpose of filing all further compliance reports in the matter.

In its January 30 verdict, the top court had said, “The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health.” It had said the right to healthy reproductive life embraces the right to access education and information about sexual health.

The top court had said inaccessibility of menstrual hygiene management measures strips away the right to participate on equal terms in school, and the domino effect of the absence of education was the inability to participate in all walks of life later.

It had directed that “all states and UTs shall ensure that every school, whether government-run or privately managed, in both urban and rural areas, provides oxo-biodegradable sanitary napkins manufactured in compliance with the ASTM D-6954 standards free of cost.” Such sanitary napkins shall be made readily accessible to girl students, preferably within the toilet premises through sanitary napkin vending machines, or, where such installation was not immediately feasible, at a designated place or with a designated authority within the school, it had added. As regards the “toilet and washing facilities”, it had asked them to ensure that every school was provided with the “functional, gender-segregated toilets with usable water connectivity”.