The Supreme Court on Monday emphasized that girls should not discontinue their education due to the absence of sanitary napkins and functional, gender-segregated toilets in schools. The court urged the Centre to ensure that its directives on the matter are implemented effectively in both letter and spirit.
Court's Observations
A bench comprising Justices J B Pardiwala and R Mahadevan stated, "Make good use of it. It is for the good of women and girls of this country. Girls should not give up education and sit at home and do only domestic work for this reason." The remarks were made while reviewing compliance with its landmark judgment from January 30, which aimed at ensuring gender justice and educational equity in schools nationwide.
Key Directives from January 30 Judgment
In that verdict, the apex court directed all states and Union Territories to provide free oxo-biodegradable sanitary napkins to girl students and ensure functional, gender-segregated toilets for all students in government, aided, and private schools. The court stated, "The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective, and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health." It further observed that the absence of menstrual hygiene facilities denies girls equal participation in schools and affects their future opportunities.
Centre's Compliance Report
On Monday, the Centre informed the court that the January 30 judgment had galvanized efforts across all states and Union Territories. Additional Solicitor General Archana Pathak Dave, representing the Centre, presented a summary of compliance with the court's directions. The bench responded, "Now, it is for you to make the most of it and see that as far as possible, the benefits are extended in terms of our judgment."
Monitoring and Future Reporting
The court directed the Centre to continue guiding states for proper implementation and to periodically collect data and information from all states regarding compliance. The apex court will monitor compliance every three months and instructed the Centre to file a fresh progress report at the same interval. All states must submit their status reports to the Centre by August 15. The matter has been scheduled for further compliance reporting on September 1.
Environmental Concerns Raised
During the hearing, an advocate raised an interim application, arguing that the term "oxo-biodegradable" sanitary napkins in the judgment could be environmentally counterproductive. The bench asked the advocate to discuss the issue with the law officer.
Details on Sanitary Napkins and Toilets
In its January 30 judgment, the top court directed that all schools in urban and rural areas provide free oxo-biodegradable sanitary napkins manufactured in compliance with ASTM D-6954 standards. It also mandated that sanitary napkins be easily accessible to girl students, preferably through vending machines inside toilet premises or at designated places within schools. Regarding toilet and washing facilities, the court ordered authorities to ensure every school has functional, gender-segregated toilets with usable water connectivity.
