Why the Supreme Court isquestioning states over menstrual hygiene
The Supreme Court has expressed displeasure over the failure of states and Union Territories to report on the implementation of menstrual health as a fundamental right.
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Why the Supreme Court is questioning states over menstrual hygiene
The Supreme Court has expressed displeasure because states and Union Territories have failed to report on how they are implementing menstrual hygiene as a fundamental right. This matters because the court has declared that menstrual health is a facet of the right to life under Article 21, which is crucial for keeping young girls in education.
Recent court proceedings
The Supreme Court bench of Justices J.B. Pardiwala and R. Mahadevan recently criticized the lack of response from states and Union Territories regarding the implementation of a previous judgment.
The court noted that it had previously directed these authorities on September 1 to address specific deficiencies and report back.
During a hearing on October 13, Additional Solicitor General Aishwarya Bhati informed the bench that the Centre has been actively seeking information from the states.
However, the court expressed frustration that these authorities have not responded to the Union government's requests so far.
Why this issue matters
This matter is significant because it directly impacts the ability of young girls to continue their education, particularly in remote regions.
When schools lack basic hygiene facilities, many students are forced to drop out, which the court views as a violation of their fundamental rights.
Those affected by the current lack of progress include:
Young girls in rural areas who face barriers to education.
Students in schools lacking gender-segregated toilets.
Girls who require access to sanitary napkins at school.
Communities where menstrual health remains a stigmatized topic.
Background of the case
In a judgment delivered on January 30, the apex court declared that the right to life under Article 21 of the Constitution includes the right to menstrual health.
The court previously directed that every school, whether government-run or private, must have functional, gender-segregated toilets with water connectivity.
Furthermore, the court ordered that schools must provide sanitary napkins to girl students free of cost.
This legal push originated from a plea seeking the pan-India implementation of the Centre’s menstrual hygiene policy for girls in classes 6 to 12.
What happens next
The Supreme Court has granted one final opportunity for the states and Union Territories to provide the necessary information.
The court has clearly stated that it will hold officials accountable if the lack of cooperation continues.
The Union government must now take the issue up seriously with each state and Union Territory.
Authorities are required to submit written information regarding the steps taken to implement the court's judgment.
The court may issue a contempt notice to the concerned chief secretary if states fail to respond by the next hearing.
The matter is currently scheduled for the next hearing on December 14.
Key facts at a glance
The court declared menstrual hygiene a facet of Article 21 of the Constitution.
The Centre previously reported that 30,458 gender-segregated toilets were constructed in schools.
There are 4,236 toilets currently under construction across the country.
The September 1 order focused on the need for functional toilets with water connectivity.
The court emphasized that the judgment must not remain only on paper.
