The Supreme Court in the case Dr. Jaya Thakur v GoI And Ors observed and has directed all the States and Union Territories to submit their responses concerning their respective menstrual hygiene policies to the Union Government by 31.08.2023.
The bench comprising of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra in the case observed wherein the plea is moved seeking menstrual hygiene for school-going girls in the country.
The court in the case observed and has directed the central government to frame a National Policy on menstrual hygiene and stated that the said policy must ensure low cost sanitary napkins and safe disposal mechanisms of sanitary napkins in schools and for the purpose of this, the State and the Union Territories were directed to send the Union their menstrual hygiene policies within a period of 4 weeks.
The counsel, ASG Aishwarya Bhati, appearing for the Union Government informed the court that the Union had received a response only from four states, namely– Delhi, Haryana, West Bengal, and Uttar Pradesh. It has also been requested by her to the court in order to direct the other States and Union Territories to also file their responses soon.
The bench headed by CJI DY Chandrachud in its order stated that all the States and the Union Territories to file responses in the matter by 31.08.2023 and the copy of it shall be made available to all the Chief Secretaries of the States & UTs.
The bench in the case observed and has directed that the plea moved seeking directions to the Union of India, the States, and the Union Territories to ensure, among other things, provisions for sanitary pads to girl children in class 6-12 and separate toilets for girls in all government, government aided schools, and residential schools.
The plea filed also stated that the inadequate Menstrual Hygiene Management (MHM) options were a major barrier to education, with many girls dropping out of school due to lack of access to sanitation facilities, menstrual products and the stigma associated with menstruation.
The plea moved also prayed for free sanitary napkins and toilets in school, but also prayed for a three-stage awareness program that:
1. To create awareness about menstrual health and dispels the taboo surrounding it;
2. To Provide adequate sanitation facilities and subsidised or free sanitary products to women, especially in disadvantaged areas;
3. To ensure an efficient and sanitary manner of menstrual
waste disposal.