The Supreme Court stressed that girls must never be held back from pursuing their education simply because schools lack sanitary napkins or proper, functional and gender-segregated toilets.It urged the Centre to ensure these directions are fully implemented.
The Supreme Court emphasised that girls should not be discouraged from continuing their education merely because sanitary napkins and functional, gender-segregated toilets are not available in schools.
The Court also asked the Centre to ensure that its directions in this regard are implemented effectively, both in letter and spirit.
In its remarks, a bench of Justices J B Pardiwala and R Mahadevan observed,
“Make good use of it. It is for the good of women and girls of this country. Girls should not give up education and sit at home and do some domestic work only for this reason,”
Additional Solicitor General Archana Pathak Dave appeared for the Centre.
The bench further said,
“Now, it is for you to make the most of it and see that as far as possible, the benefits are extended in terms of our judgment,”
The Court’s observations followed a submission by the Centre that the January 30 judgment directing authorities to provide free sanitary napkins to girl students and functional, gender-segregated toilets in schools has prompted efforts across all states and Union Territories.
The apex court, after hearing that data on compliance has been collected for about two to two-and-a-half months, asked whether the Centre was gathering information from all states.
The bench then directed that the Union should continue guiding states to ensure the Court’s directions are complied with properly. It said the Union should also periodically collect necessary data regarding due compliance.
The top court indicated that it would monitor compliance every three months and that the Centre would submit fresh progress reports every three months.
The Court posted the matter for further reporting on September 1.
It directed states to submit their status reports to the Centre by August 15, adding that there should be no lapse in furnishing these reports. The Court also named the Ministry of Education as the nodal ministry for filing future compliance reports.
During the hearing, an advocate raised a concern through an interim application, stating that the January 30 verdict used the term “oxo-biodegradable” sanitary napkins and that this, according to the advocate, may be counterproductive for the environment.
The bench instructed the advocate to bring this to the notice of the law officer and directed the Centre to take appropriate steps after looking into the interim application.
In the landmark judgment delivered on January 30, the Supreme Court directed all states and Union Territories to provide free oxo-biodegradable sanitary napkins for girl students and functional, gender-segregated toilets for students in every school. The directions were applicable regardless of whether schools were government-run, aided, or privately managed.
The Court’s January 30 ruling stated that,
“The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health.”
It also held that,
“The right to healthy reproductive life embraces the right to access education and information about sexual health.”
Further, the Court said,
“Inaccessibility of menstrual hygiene management measures strips away the right to participate on equal terms in school, and the domino effect of the absence of education was the inability to participate in all walks of life later.”
The Court directed that,
“All states and UTs shall ensure that every school, whether government-run or privately managed, in both urban and rural areas, provides oxo-biodegradable sanitary napkins manufactured in compliance with the ASTM D-6954 standards free of cost.”
It added that such sanitary napkins should be made readily accessible to girl students, preferably within toilet premises through sanitary napkin vending machines. Where immediate installation was not feasible, the Court said access should be ensured through a designated place or authority within the school.
Regarding toilet and washing facilities, the Supreme Court asked authorities to ensure that every school provides, “functional, gender-segregated toilets with usable water connectivity”.