- Supreme Court warned states/UTs over menstrual hygiene judgment implementation.
- Court mandated functional toilets, free napkins in all schools.
- States/UTs failed to report implementation details to the Centre.
- Court granted final chance; warns chief secretaries of contempt.
The Supreme Court has expressed displeasure over states and Union Territories (UTs) failing to respond to the Centre’s requests for information on the implementation of its judgment recognising menstrual hygiene as a fundamental right under Article 21 of the Constitution. The court has given the authorities another opportunity to report the steps taken, warning that continued non-compliance could invite contempt notices against the concerned chief secretaries.
SC Questions Implementation Of Menstrual Health Rights
A bench of Justices J B Pardiwala and R Mahadevan questioned how the constitutional right to menstrual health could be enforced if the court’s directions remained confined to paper.
“If what we have said in the judgment is only going to remain on paper, how are the Union and states/UTs going to give effect to this fundamental right?”
The matter concerns access to essential menstrual hygiene facilities in schools, particularly for adolescent girls in rural and remote areas, where inadequate sanitation and limited access to menstrual products can affect health, dignity and education.
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Supreme Court Stresses Implementation Of Menstrual Hygiene Rights
The court observed that it had already recognised menstrual hygiene and menstrual health as integral to the fundamental right to life and personal liberty under Article 21. However, it expressed concern that states and UTs had not provided the Centre with the information requested on the measures taken to implement the judgment.
During the hearing on October 13, Additional Solicitor General Aishwarya Bhati, representing the Centre, informed the bench that the Union government had taken up the issue seriously with all states and UTs. However, the authorities had not responded to its requests for information. The bench directed the Centre to follow up with every state and UT and obtain written details of the steps taken to implement the court’s directions. It also asked the Union government to review the judgment and seek information on every aspect of its implementation.
Free Sanitary Napkins And Functional Toilets In Schools
In its January 30 judgment, the Supreme Court directed states and UTs to ensure that all schools, whether government-run or privately managed, have functional, gender-segregated toilets with usable water connections. The directions apply to schools in both urban and rural areas. The court also directed authorities to ensure that sanitary napkins are provided free of cost to girl students. These measures are intended to make menstrual hygiene facilities accessible to students and help prevent menstruation-related barriers to education.
The case originated from a plea seeking nationwide implementation of the Centre’s menstrual hygiene policy for school-going girls in Classes 6 to 12 in government and government-aided schools.
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Schools Must Address Gaps In Sanitation And Privacy
In its September 1 order, the Supreme Court highlighted the need to identify schools that lack separate functional toilets, adequate water connections and facilities that ensure accessibility and privacy. The Centre had informed the court that 30,458 gender-segregated toilets with washing facilities had been constructed in schools across the country, while another 4,236 were under construction.
The court’s directions underline that access to menstrual hygiene involves more than the availability of sanitary products. Functional toilets, water, privacy and appropriate sanitation facilities are also essential to enabling students to manage menstruation safely and with dignity.
Supreme Court Warns Of Contempt Notices
The bench granted the Centre and the non-responsive states and UTs one final opportunity to provide the required information. It warned that contempt notices could be issued to the concerned chief secretaries if some states and UTs continued to ignore the requests.
The court has scheduled the next hearing for December 14, when it will review the progress made towards implementing its judgment.
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