Bombay High Court Concerned Over Unclean Toilets In State-Run Schools, Asks DLSAs To Conduct Surprise Inspection

"What do they think of us? Are we little kids? Why has this been issued two days back. Our last order was issued on June 27," Chief Justice Dipankar Datta said.

The CJ was referring to a letter issued by the Department of School Education to the all the education officers and schools stating that the issue of toilets must be taken up by the respective schools' Parent Teacher Association and also for schools to clean the toilets.

During the previous hearing the PIL petitioner's counsel Abhinav Chandrachud submitted that the petitioner had randomly visited 16 government-aided schools in Maharashtra and the condition was pitiable. He also submitted pictures of unclean and unhygienic toilets.

Petitioner Nikita Gore's PIL seeks for sanitary napkins to be recognised as an essential commodity, free of taxes and implementation of the Menstrual Hygiene Management National Guidelines 2015.

On Monday, Chandrachud said the Education Department's letter was a way of putting the onus on the PTA, saying that funds would be provided.

The court noted that asking schools to clean their toilets was not a permanent solution. "We propose to direct all District Legal Service officers to conduct surprise visits to these government aided schools and submit a report," the CJ said.

The court then adjourned the matter for hearing in August 25.

In the survey, the petitioner had found that proper steps haven't been taken by government for effective menstrual hygiene management for the school girls. Moreover, there wasn't water supply required for clean toilets and adequate supplies of sanitary napkins in vending machines.

These school also did not have facilities to properly dispose off the sanitary napkins. Also, there was no facility to monitor sanitary conditions in schools.

According to the PIL, "only 12% of India's 355 million women use sanitary napkins. Over 88% of women resort to alternatives such as unsanitized cloth, ashes and husk sand. Incidents of Reproductive Tract Infection (RTI) are 70% more common among these women."

Earlier, the Ministry of Health and Family Welfare, Government of India told the High Court that a decision on declaration of sanitary napkin as "essential commodity" within the meaning of Section 2A of Essential Commodities Act, 1955, can only be taken after understanding the current market scenario and ascertaining the demand supply gap if any.

Case Title: Nikita d/o Narayan Gore vs. The Union of India

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