Lack of sanitary napkins should not lead to girl children missing attendance in schools on menstruating days: Karnataka High Court

The Karnataka High Court recently urged the State government to ensure distribution of sanitary napkins to adolescent girl children under the Shuchi scheme, stating that lack of hygiene products should not be a roadblock for girl children to attend schools on menstruating days. .Highlighting this, the order passed by Justices BV Nagarathna and KM Khazi said,."They (girl children) ought not to miss attendance in the school on certain days of the month on account of lack of effective hygiene products being available to them on certain days of the month".Infact, the Court went ahead to opine that separate toilets for girl children would mean a step closer to securing their right to health and privacy. ."...if separate toilets are provided to girl students in Government and aided schools, it would be enhancing their health, hygiene and privacy. As a result it would ensure full attendance of the adolescent girls in the schools and their right to education would be fulfilled.".The Court was hearing a plea moved by the Anti-corruption Council of India in 2018 seeking strict implementation of the Shuchi Scheme.The Shuchi scheme calls for distribution of sanitary napkins to adolescent girls, studying in schools and staying in hostels between the age group of 10 to 19 years. A total of 17,06,933 adolescent girls are beneficiaries of the scheme in the State..The Additional Government Advocate submitted before the Bench that by the end of April 2021, the technical committee would be meeting to decide on procurement of sanitary napkins and in the month of May 2021, administrative approval will be sought. Thereafter, within 90 days, the procurement will be made, it was submitted. .The Bench was further apprised that that in the event schools are closed, there would be community based door-to-door distribution of sanitary napkins through the health workers. However, if schools reopen, then the distribution of the hygiene products will be made to the adolescent girls in the schools itself. .When the petitioner counsel pressed for the strict implementation in time as there are 17,06,933 adolescent girls in number, the Court directed that, ."We reiterate that plan of action under SHUCHI SCHEME shall be implemented by the State for adolescent girls between the age group of 10-19 years, as the same is an aid to the empowerment of such adolescent girls particularly residing in rural and remote places, traveling from the villages to the Taluk headquarters or District headquarters for their education. In the circumstances, State is directed to comply with the time schedule that it is enunciated in the communication dated 21.04.2021 referred to above and place on record a status report on the progress made by the next date of hearing.".Providing separate toilets, sanitary napkins for girl children in schools step towards implementing Article 21A: Karnataka High Court .During one of the previous hearings, the High Court had observed that ensuring separate toilets for adolescent girls in schools and providing sanitary napkins to them on a regular basis are not just instances of empowerment of girl child but also a step towards implementing right to education under Article 21A. .The matter will be heard again on May 31, 2021.