Supreme Court Seeks Actionplan To Implement Menstrual Hygiene Policy For School-going Girls

The Supreme Court yesterday (November 12) heard a petition seeking directions from the Union, the States and Union Territories for providing free sanitary pads to adolescent girl children from Classes 6-12 in all Government, Government-aided/unaided schools, and residential schools.

It passed an order for further action by States and UTs after the Additional Solicitor General Aishwarya Bhati informed the Court that the Union Government has formulated a uniform national policy 'Menstrual Hygiene Policy for School-going Girls' and that a note will be submitted on how the stakeholders could come up with an action plan to implement the same.

Before a bench of Justices J.B. Pardiwala and Pankaj Mithal, Advocate Varun Thakur appeared for the petitioner. He apprised the Court about its previous order directing the Union to formulate national policy. 

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 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.

Bhati at the outset submitted that the policy had been placed on record only yesterday. However, Thakur informed the Court that free pads have not been provided as of yet as against the argument made by Bhati that the distribution has been taking place for the last few years.

The Court sought clarification on how the free pads are provided under the policy concerned and who provides finance for it. Bhati stated that the Union has formulated the policy but the way forward requires an action plan from States and UTs.

She added that as per the data from the last 5 years under the National Health Mission, the Union partially funds it and the State does it too.

Another counsel, for the petitioner, added that the Union has put on record the data which says that 126% of girls are using pads but the total can't be more than 100 %. He said, as per their data, 64.5% are using pads, 49.53% are using cloth, and 15.23% are using homemade sanitary napkins. He added: "If the data is not correct, how can the policy be?"

Justice Pardiwala responded: "We will make ensure that the purpose for which the petition is filed is subserved in one way or the other."

Considering this, Justice Pardiwala suggested that Bhati should give a 2-page note on what is to be done now. Before dictating the order, Justice Pardiwala said: "One thing is for sure, today there is no distribution." 

Bhati responded that there is distribution of free pads in accordance with the policy and that she will mention the same in the note.

The Court ordered: "We take note that on 10 April, 2023, this Court passed following orders...In pursuance of directions issued by this Court.., the Union has framed National Policy as regards Menstrual Hygiene for School-going Girls. The policy talks about vision, objections, targets, the policy components, current programmes and roles and responsibilities of stakeholders. Ms. Bhati, learned ASG, pointed out there is much still to be done for the proper and effective implementation of policy...

The Court orally remarked that the petition must be concluded by the end of 2024 

Background

The petitioner, a social worker, had invoked the Supreme Court's jurisdiction under Article 32 in the matter. The petition also sought separate girls' washrooms in all government, aided and residential schools along with cleaners for the same.