On Delay In Menstrual Policy, A Supreme Court Warning To States

The Supreme Court warned states yet to submit their response to the Centre on forming a uniform national policy on menstrual hygiene for school girls and said it will take recourse to the "coercive arm of the law" if they don't respond by August 31.

The warning came after the Centre informed the Supreme Court that it has received responses from only four states so far.

A bench headed by Chief Justice DY Chandrachud directed the states and Union Territories (UTs) that have failed to submit their responses to do so by August 31 positively.

"The states which are in default are placed on notice that should there be any further default, this court will be constrained to take recourse to the coercive arm of the law," said the bench, also comprising Justices JB Pardiwala and Manoj Misra.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, told the bench the central government has received inputs from only four states - Haryana, Delhi, West Bengal and Uttar Pradesh - so far.

The top court had on April 10 asked the Centre to prepare a Standard Operating Procedure (SOPs) and formulate a national model to be adopted by all states and UTs to manage the menstrual hygiene of school-going girls.

Noting that the issue is of "immense importance", the top court said the Centre should engage with all stakeholders to implement a uniform national policy on managing menstrual hygiene in schools, including in government and government-aided schools.

It is seized of a plea which has sought direction to the Centre, states and UTs to ensure the provision of free sanitary pads to every girl studying between classes 6 and 12 and separate toilets for them in all government-aided and residential schools.

During the hearing on Monday, Ms Bhati told the bench that the Supreme Court had earlier given extensive directions to frame or update a national policy on menstrual hygiene.

"Your Lordships had directed the states to give their inputs to us within four weeks. Unfortunately, we got it only from four states," she said, adding that the rest of the states and UTs may be given a last opportunity to share their inputs with the Centre.

The bench noted that Ms Bhati has stated that under the top court's April 10 order, responses have been received by the Centre only from Delhi, Haryana, West Bengal and Uttar Pradesh.

"We direct all other states and UTs which have failed to submit their responses to do so positively by August 31, 2023," it said, adding that a copy of its order should be made available to the chief secretaries of the remaining states for compliance.

The bench posted the matter for further hearing in the second week of November.

On April 10, the top court appointed the secretary of the Ministry of Health and Family Welfare (MOHFW) as the nodal officer to coordinate with the states and UTs and collect relevant data to formulate a national policy.

It had noted that MoHFW, the Ministry of Education and the Ministry of Jal Shakti have schemes on menstrual hygiene management.

"At the present stage, 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," the top court had said.

It had directed that all states and UTs must submit their menstrual hygiene management strategies and plans which are being executed either with the help of funds provided by the Centre or through their resources to the Mission Steering Group of the National Health Mission within four weeks.

The court had said the states and UTs shall also indicate to the Mission Steering Group of the National Health Mission the appropriate ratio of female toilets for residential and non-residential schools in their respective territories.

It had asked all states and UTs to also indicate the steps which have been taken to provide low-cost sanitary pads and vending machines in schools and their appropriate disposal.

In an affidavit filed before the top court, the health ministry said it had undertaken awareness and training programmes and made necessary resources available to girls nationwide.

The plea filed in the top court said that adolescent girls from poor backgrounds between the age of 11 and 18 face serious difficulties in receiving education over the lack of access to education, a constitutional right under Article 21A of the Constitution.

"These are adolescent females who are not equipped with and are also not educated by their parents about menstruation and menstrual hygiene.

"The deprived economic status and illiteracy lead to the prevalence of unhygienic and unhealthy practices which have serious health consequences, increase obstinacy and lead to eventual dropping out from schools," the plea said.