Supreme Court directed States and Union Territories to provide low-cost sanitary pads and vending machines in schools for female students [Read Order]

NEW DELHI: The Supreme Court has asked the Union government to formulate a policy in consultation with States and Union Territories for sanitation and menstrual hygiene for females who are studying in schools.

The top court also asked States and Union Territories to inform about availability of female toilets and low cost vending machines for sanitary napkins and disposal mechanism of it.

"We are of the considered view that it would be appropriate if the Union Government engages with all the State governments and Union Territories to ensure that a uniform national policy is formulated with sufficient leeway for the States and Union Territories to make adjustments, based on the prevailing conditions in their territories," a bench led by Chief Justice of India D Y Chandrachud said.

The court passed its direction on a PIL filed by Madhya Pradesh Congress leader Dr Jaya Thakur.

She sought a direction to the the Union government, the States and Union Territories to ensure the provision of (i) free sanitary pads to every female child studying between classes 6 to 12; and (ii) a separate toilet for females in all government aided and residential schools.

The top court issued notice in the matter on November 28, 2022.

In its response, the Union government said three of its Ministries, namely, the Health and Family Welfare, Jal Shakti and Education deal with the subject matter, to the extent to which they fall within their own domains. At the same time, it also said that the States have also a vital role to play since education and health are State subjects.

In view of importance of the matter, the bench directed that all States and Union Territories must submit their menstrual hygiene management strategies and plans which are being executed either with the help of funds provided by the Central Government or through their own funds to the Mission Steering Group of the National Health Mission within a period of four weeks.

"The Mission Steering Group shall reevaluate the national guidelines based on the experiential learning of the previous decade or so. For this purpose, we nominate the Secretary in the Ministry of Health and Family Welfare as the nodal officer to facilitate coordination with all the other Ministries of the Union and with the State governments and the Union Territories," the court said.

The top court also directed the States and Union Territories to also indicate to the Mission Steering Group of the National Health Mission the appropriate ratio of female toilets for residential and non-residential schools for their respective territories.

"All States and Union Territories shall also indicate the steps which have been taken to provide for the availability of low cost sanitary pads and vending machines in schools and for appropriate disposal mechanisms. Besides making a provision for ensuring the availability of low cost sanitary pads and vending machines in all schools, they shall also ensure that disposal mechanisms are available in schools/school complexes with enrollment of female students in upper primary, secondary and higher secondary classes for safe disposal of sanitary pads," the bench said.

The court asked the Union government to file an updated status report on the record after three months.

It fixed the matter for further hearing on July 24, 2023.

[Read Order]