Supreme Court Reserves Judgment On Plea Seeking Policy For Free Sanitary Pad Distribution To School-Going Girls

The Supreme Court today (December 10) reserved its judgment on the pan-India implementation of the Union's national policy 'Menstrual Hygiene Policy for School-going Girls' in Government and Government-aided schools for adolescent girl children from Classes 6-12.

A bench of Justices JB Pardiwala and R. Mahadevan on November 12 had directed the Union Government through Additional Solicitor General Aishwarya Bhati to formulate an action plan on the implementation of the national policy. Based on this, Bhati suggested the way forward which included that the Union Ministry shall coordinate with States and UTs for drawing up respective action plans.

She stated that special attention shall be given to sensitisation and awareness activities for promoting safe menstrual hygiene practices in schools.

Before reserving the judgment, Justice Pardiwala confirmed whether the free pads are currently being provided in schools or not and whether the school girls have to make a demand for the same. To this, Bhati responded that a national policy on the same has recently been framed and the same will have to be implemented by States and UTs. She added that the distribution will mostly take place through Schools and Anganwadis.

As for the financial aspect, the Union partly finances it under the National Health Mission. On this, Justice Pardiwala said: "Since it's your scheme, is there a mechanism for you to monitor the implementation of the scheme in accordance with all clauses under the scheme?"

Bhati responded that the scheme has been framed in consultation with States and therefore, the Union will be monitoring its implementation.

On November 28, 2022, a bench of former Chief Justice of India DY Chandrachud and Justice PS Narasimha issued notice to the Central Government and all states and Union Territories in a plea seeking free sanitary napkins for all adolescent girls in schools and including toilets for them. On April 10, 2023, the Court directed the central government to frame a National Policy on menstrual hygiene for school-going girls in the country.

The bench comprising former CJI DY Chandrachud, Justices PS Narasimha, and JB Pardiwala stated that the said policy must ensure low-cost sanitary napkins and safe disposal mechanisms of sanitary napkins in schools.

While noting that the petitioner raised an "important issue of public interest bearing on the need of menstrual hygiene of girls who are studying in schools", the bench directed the Union Government to ensure that a uniform National Policy with regards to menstrual hygiene is made. It also took into account the counter affidavit placed on record by the Union Government as per which three ministries of the Union, namely, Ministry of Health and Family Welfare (MoHFW), Jal Shakti, and Ministry of Education (MoE) dealt with the matter.

Case Details: DR. JAYA THAKUR v. GOVERNMENT OF INDIA AND ORS. W.P.(C) No. 1000/2022

Appearances: Advocate Varun Thakur (for petitioner) and ASG Aishwarya Bhati (Union)