Girls Toilets In Govt Schools In Dismal Condition, Constrained To Involve Judicial Officers For Inspections: High Court Raps Maharashtra Govt

The Bombay High Court on Wednesday pulled up the Maharashtra government for its inaction over the dismal condition of toilets for girls in government aided schools. The court chided the State for having to involve District Judges to ensure proper facilities in schools despite this being a function of the state government.

“What have you done? We have come to this stage that for something which is expected from you, we are involving PDJs (principal district judges) to inspect toilets of schools to ensure the girl children studying there have the facilities. We do not feel very happy to pass such orders involving PDJs in such matters”, a division bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor said.

The court was referring to an order of the Aurangabad bench directing the formation of committees for each district headed by the Principal District Judge of the respective District Court to inspect the schools run by local authorities.

In July, the court in a PIL seeking adequate facilities for maintenance of menstrual hygiene in schools, held that the denial of such basic facilities was a breach of the girls' right to live with dignity. The court had directed the District Legal Services Authorities to conduct surprise visits to government-aided schools and submit a report to the court.

The court today directed the State to respond to the reports of District Legal Services Authorities showing poor conditions of toilets in various government aided schools all over the state.

During the hearing, the Advocate Abhinav Chandrachud pointed out that either water is not available, or the toilets are in poor condition. He submitted that urinals in some places are in open-air conditions, and cannot be used during monsoon. He added that even where sanitary napkins are provided, there is no place to change them. The legal services authorities’ reports contain photos showing the poor condition of the facilities, which has prevented many girls from attending school due to the lack of adequate facilities, he said.

AGP Bhupesh Samant for the State pointed out a suo motu PIL initiated by the Aurangabad bench in 2018 regarding conditions of schools in the State. The Aurangabad bench in July 2023, directed the formation of a committee for each district to inspect all schools operated by the local authorities such as the Zilla Parishad, Municipal Corporation, Municipal Council, Panchayat Samiti. The committees are headed by the Principal District Judge of each district. Samant submitted that the committees are functional in each district of the state.

Samant reported that an affidavit was filed, outlining a scheme to supply napkins to schools, train ASHA workers in their use, and provide hygienic napkins. Samant said that the state had written to 15 schools in Mumbai, Pune, and Raigad after the deplorable conditions were brought to their attention. He mentioned that the affidavit presented remedial measures.

Chandrachud pointed out that the State has responded to a report concerning the inspection of 15 schools by the petitioner, but not the reports of survey conducted by the District Legal Services Authorities.

The Court directed the State to file a response to the report and posted the PIL for further considering on December 6.

Chief Justice Upadhyaya voiced strong dissatisfaction with the situation emphasizing that involving principal district judges to inspect school toilets to ensure facilities for girl students was an undesirable step. He pointed out that basic hygiene in schools should not require such intervention.

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. The petitioner highlighted the government's failure to take proper steps for menstrual hygiene, including inadequate water supply, lack of sanitary pads in vending machines, and improper disposal of used pads.

Case no. – PIL/107/2021

Case Title – Nikita Gore v. State of Maharashtra