The Supreme Court on Monday asked the Center to prepare a standard operating procedure (SOP) for the management of menstrual hygiene for girls studying in schools and a national model to be adopted by all states and union territories.
Terming the issue as “extremely important”, the top court said the Center should engage with all stakeholders for the implementation of a uniform national policy on management of menstrual hygiene in schools, including government and government-aided schools.
A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala directed the nodal secretary, Ministry of Health and Family Welfare (MOHFW), to coordinate with all states and union territories and collect relevant data for formulating a national policy. appointed officer.
The bench said that MoHFW, Ministry Education And the Ministry of Jal Shakti has ongoing schemes on the issue of menstrual hygiene.
“At the present stage, we are of the view that the Center should engage States and UTs to modify the scheme as per their local needs for implementation of a uniform national policy with all stakeholders”, it said. The bench said keeping in view the implementation of the scheme, all the states and union territories are directed to prepare their menstrual hygiene management strategies and plans to be executed with the help of funds provided by the central government for operationalization of the mission. being done. Group (MSG) of National Health Mission (NHM).
It said that the Mission Steering Group may re-evaluate the national guidelines based on experiential learning over the past 10 years.
“All States and Union Territories are directed to notify appropriate ratio of girls’ toilets for residential and non-residential schools in their respective areas,” the bench said.
It added that all states and union territories are directed to make provisions for ensuring availability of quality low-cost sanitary pads, vending machines in schools.
“All States and Union Territories are directed to ensure that disposal mechanisms are available to schools/school complexes enrolling girls in upper-primary/secondary/senior secondary classes for safe disposal of sanitary pads.”
The bench directed the Center to file an updated status report by the end of July, 2023.
At the outset, Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said that there are several guidelines and schemes from various ministries dedicated to improving access to menstrual hygiene for young and adolescent girls, but the responsibility of providing health care services rests with the respective state governments. is of. Because public health is a state subject.
In an affidavit filed before the apex court, the health ministry has said that it has run awareness and training programs and made necessary resources available to girls across the country.
“It is submitted that public health is a State subject and the responsibility of providing healthcare rests with the respective State Governments.
“The central government and its agencies are not the implementing bodies for schemes related to menstruation, and it is in fact the states and their agencies that are at the forefront of implementing the policies,” the ministry said.
It submitted that the central government is committed to improving menstrual hygiene for young and adolescent girls and making necessary resources accessible to them.
The affidavit was filed in response to a PIL filed by Congress leader Jaya Thakur through advocate Varinder Kumar Sharma, seeking issuance of directions to provide free sanitary pads to girls studying in classes 6 to 12 in government schools across the country. The demand was made.
The ministry noted that menstruation and menstrual practices are surrounded by taboos and socio-cultural restrictions for women as well as adolescent girls in India, combined with limited access to sanitary hygiene products and lack of safe sanitation facilities .
“Also, traditionally, there has been a practice of recycling old clothes as pads, using ash or straw, which do not affect menstrual hygiene, but also have long-term implications for reproductive health.
“The government is dedicated to empowering girls to raise awareness among adolescent girls on menstrual hygiene, build self-esteem and lead to better socialization. The government is committed to increase access and usage of high quality sanitary napkins for girls in rural areas. Also working in the direction. The ministry has said.
Thakur said in her petition that adolescent girls aged 11 to 18 years, coming from poor backgrounds, face serious difficulties in getting education, which is a constitutional right under Article 21A of the Constitution, due to lack of access to education.
“These are adolescent women who are not equipped and are not even educated by their parents about menstruation and menstrual hygiene.
The plea states, “Deprived economic status and illiteracy lead to prevalence of unhygienic and unhygienic practices which have serious health consequences, increase indolence and eventually drop out from schools.”
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