The Supreme Court today directed the Central government to implement a uniform national policy on menstrual hygiene, including the distribution of free menstrual pads to students.
A Bench of Chief Justice of India DY Chandrachud, Justices PS Narasimha and JB Pardiwala also asked states and union territories to submit details on the availability of girls’ toilets in schools and the supply of menstrual products/sanitary pads in schools.
The Court ordered that the “Union should engage with all states to see that a uniform national policy is implemented so that states can implement the same with adjustments. Bearing in mind the importance of the issue raised, we direct all states and UTs must submit to the Secretary, Health Ministry their menstrual hygiene policies being carried from their own funds within four weeks.”
Additional Solicitor General Aishwarya Bhati informed the Bench that the Centre can introduce a common model if states provide details on the existing policies.
The plea seeks directions to the Centre, states, and UTs to provide free sanitary pads to every girl child studying in classes 6 – 12, and the provisions of girls’ toilets in government and residential schools.
The Court directed the Mission Steering Group formed by the Union Health Ministry to re-evaluate the national guidelines that are also nominated by the Secretary of the Health Ministry to facilitate the process.
The Court directed that “States and UTs will also indicate to the Mission Steering Group the ratio of girls’ toilets in residential and non-residential schools. States, UTs to show cost incurred for sanitary pads, sanitary pad vending machine…and ensure disposal mechanism is available for schools where girls are enrolled in higher secondary and secondary classes.”
On April 1, the Central government informed the Court that it was for the states to implement the existing policies.
Therefore, the submission was made in a common affidavit filed by the Ministry of Health, Ministry of Education, and Ministry of Jal Shakti in response to a plea seeking free sanitary napkins for adolescent girls in every school as well as to separate girls’ washrooms in all government, aided and residential schools.
The plea filed through Advocate Varinder Kumar Sharma stated that inadequate menstrual hygiene management options are a major barrier to education, with many girls dropping out of school due to lack of access to sanitation facilities, menstrual products, and the stigma associated with menstruation.
The plea also stated that the difficulties girls face have been compounded by the fact that several educational institutions lack basic toilet facilities.
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