On Monday, 25th May, the Supreme Court said that girls should not have
to drop out of school because they lack access to sanitary napkins. A Bench of Justices JB Pardiwala and R Mahadevan directed the Union government to ensure that its guidelines on menstrual hygiene facilities are properly implemented across the country.
In its January 30 judgment, the Supreme Court had instructed the Centre, States, and Union Territories to provide free sanitary pads to girl students and ensure that schools have separate toilets for girls along with proper menstrual hygiene facilities.
The Court today told the Centre to "make the most of the ruling and ensure that the benefits reach as many girls as possible. "Make the most of it. This is for the good of the women of our country, young girls, and young students. Because this will have a direct impact on education. Girls should not have to give up their education and sit at home and do some domestic work for this reason," the Bench observed.
Adding further, the Court said that it would continue monitoring compliance with its January 30 judgment every 3 months. It further directed the Centre to periodically place fresh status reports on record.
"The Union shall proceed further to ensure that all our directions are complied with in letter and spirit. The Union shall continue to guide all States in this regard. The Union shall periodically collect the necessary data and information regarding due compliance," it added.
Additional Solicitor General (ASG) Archana Pathak Dave, appearing for the Centre, submitted a summary of the compliance report outlining the steps taken by the Union government and various States after the Supreme Court’s ruling.
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"After the passing of the judgment, there has been galvanisation of efforts by all the States and Union Territories," the ASG submitted.
Justice Pardiwala then asked whether the Union government was guiding the States on how to implement the Court’s directions. In response, the ASG informed the Bench that several inter-ministerial meetings had been conducted with States, Union Territories, and the Ministry of Health and Family Welfare.
"To see proper progress, we would need at least six months," she added.
Another lawyer appearing for an NGO referred to an interlocutory application, which argued that the use of the term “oxo-biodegradable sanitary napkins” in the earlier judgment could have negative environmental consequences.
Taking note of the submission, the Court observed that the issue could be brought to the attention of the ASG.