The Supreme Court is expected to reopen on July 8 after the summer break. Photo: Shutterstock
The Supreme Court is expected to hear on July 8 a plea urging the Centre and states to provide free sanitary pads to girls in classes 6 to 12 and create separate toilets for girls in all government-aided schools and boarding schools.
A bench comprising Chief Justice DY Chandrachud and Justices JP Pardiwala and Manoj Misra is expected to hear the plea of Congress leader and social worker Jaya Thakur. In her plea, she highlighted the problems faced by young girls from poor backgrounds in school.
During the last hearing in the case on February 5, Additional Attorney General Aishwarya Bhati informed that the Centre is in the process of collecting all necessary materials to formulate a national policy for distribution of menstrual hygiene products to school-going girls, in compliance with the orders dated April 10, 2023 and November 6, 2023.
On June 13, the Ministry of Education advised schools in an advisory that girls should be allowed to use the toilet during the final exams for grades 10 and 12 and that free sanitary pads should be available at all exam centers.
The Supreme Court is expected to reopen on July 8, after the summer holidays.
On November 6, the Supreme Court directed the Centre to adopt a nationwide model for constructing toilets that is aligned with the number of girls in all government-aided schools and boarding schools across the country.
While stressing on a uniform procedure, the government was also asked about the policy it has formulated for distribution of sanitary napkins to female school children at the national level.
During the hearing, the Centre informed the Supreme Court that a draft national policy for free distribution of sanitary napkins to school-going girls has been prepared and circulated to stakeholders for their comments.
The Supreme Court had earlier warned states, which had not yet filed responses with the Centre on formulating a uniform national policy on menstrual hygiene for school-going girls, that it would resort to the “coercive arm of law” if they failed to do so.
On April 10, the Supreme Court appointed the Secretary, Ministry of Health and Family Welfare (MOHFW) as the nodal officer for coordination with the states and UTs and collection of relevant data for formulating national policy.
It was noted that the Ministry of Health, Ministry of Education and Ministry of Jal Shakti have programmes for menstrual hygiene management.
The court also ordered all states and UTs to submit their strategies and plans for menstrual hygiene management, to be implemented using funds provided by the Centre or through their own resources, to the Mission Steering Group of the National Health Mission within four weeks.
The Supreme Court held that the states and UTs should also indicate to the Mission Steering Group of the National Health Mission the correct ratio of ladies’ toilets for boarding and non-boarding schools in their respective territories.
All states and UTs were also requested to indicate what steps have been taken to provide low cost sanitary napkins and vending machines in schools and to dispose of them properly.
Congress leader Thakur has alleged in his petition that young girls from poor families between the ages of 11 and 18 face serious problems in receiving education, a constitutional right under Article 21A of the Constitution.
“We are talking about adolescent women who are not equipped with menstruation and menstrual hygiene and who have not been informed about this by their parents.
“The disadvantaged economic status and illiteracy lead to increase in unhygienic and unhealthy habits which have serious health consequences, increase persistence and ultimately lead to school dropout,” the petition said.
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First print: 06 Jul 2024 | 17:05 IST