The Supreme Court on Saturday has directed the Centre to address concerns raised by the petitioner regarding the implementation of the National Policy on Menstrual Hygiene for school-going girls.
A bench of Justices JB Pardiwala and Pankaj Mithal, on November 12, 2024, instructed Additional Solicitor General (ASG) Aishwarya Bhati to examine the points raised by the petitioner and provide clarification by the next hearing, scheduled for December 3.
The petitioner’s counsel pointed out discrepancies in the data used to frame the policy, specifically highlighting an inconsistency in the reported statistics about the use of sanitary products among girls. The affidavit from the Union of India stated that 64.5% of girls use sanitary napkins, while 49.3% use cloth, and 15.2% use locally prepared napkins.
However, the petitioner’s counsel argued that the total of these categories exceeded 100%, indicating that the data might be incorrect. This, they contended, could undermine the policy’s objectives and suggested the need for accurate ground-level data before finalizing and implementing the policy.
ASG Aishwarya Bhati informed the court that while the policy has been framed, there remains much work to be done for its effective rollout. The Ministry of Health and Family Welfare will collaborate with states and union territories to ensure that the policy is implemented comprehensively, especially in government and government-aided schools.
However, the petitioner’s counsel expressed concerns that the policy did not fully address the reliefs sought, nor did it account for the real conditions on the ground.
The petitioner, social activist Jaya Thakur, through her advocates Varinder Kumar Sharma and Varun Thakur, presented evidence from a recent visit to District Damoh, Madhya Pradesh, where no sanitation staff or housekeeping services were available in government middle schools. In many of these schools, especially for girls aged 12 to 15, there were no provisions for sanitary pads. In cases where a girl needed a pad, she was reportedly asked to go home.
The petitioner argued that the policy, which failed to assess the true ground situation, would be ineffective without addressing such basic issues.
The plea before the court, filed by Thakur, seeks the provision of free sanitary pads for girls in Classes 6 to 12, especially those from disadvantaged backgrounds. The petitioner highlighted that adolescent girls in these age groups often lack proper education about menstruation and hygiene, leading to unhygienic practices that result in health issues and contribute to school dropout rates.
The petition calls for several measures, including the provision of separate toilets for girls in all government and aided schools, and the appointment of cleaners for these facilities. It also urges the implementation of a three-stage awareness program: first, to educate students about menstrual health and break taboos; second, to provide subsidized or free sanitary products, particularly in rural and disadvantaged areas; and third, to ensure proper disposal of menstrual waste in a sanitary manner.
The petitioner stressed that the right to menstrual hygiene is integral to the dignity and well-being of women, which is enshrined under Article 21 of the Indian Constitution, guaranteeing the right to life and dignity.
Inadequate menstrual hygiene management, they argued, affects girls’ education, health, and overall well-being, making it crucial to address these challenges to ensure a safe and supportive environment for young girls in schools.
The case continues to raise important questions about the implementation of policies that affect the health and dignity of young girls, particularly those in underserved regions.
