Girls shouldn't have to give up education due to lack of sanitary napkins in schools: Supreme Court

The Supreme Court on Monday said that girls should not have to drop out of school because they lack access to sanitary napkins [Dr. Jaya Thakur v. Government of India].A Bench of Justices JB Pardiwala and R Mahadevan asked the Union government to ensure that its directions on menstrual hygiene facilities are implemented across the country..In its January 30 judgment, the top court had directed the Union government, States and Union Territories to provide free sanitary pads to girl students and ensure gender-segregated toilets with adequate menstrual hygiene facilities in schools.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..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 detailing the steps taken by the Union government and States following the Court’s ruling.“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 was guiding States on the manner in which they should implement the Court’s directions.In response, the ASG informed the Bench that various inter-ministerial meetings had been held 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 counsel appearing for an NGO mentioned an interlocutory application contending that the use of the term “oxo-biodegradable sanitary napkins” in the earlier judgment may be environmentally counterproductive.Taking note of the submission, the Court observed that the issue could be brought to the notice of the ASG..In its January 30 judgment, the Court had held that access to menstrual hygiene measures (MHM) is inseparable from the right to live with dignity. The Bench observed that lack of access to menstrual hygiene measures leads to stigma, stereotyping and humiliation for menstruating girl students.It had further held that girl students have a legitimate expectation to manage menstruation with privacy and dignity, adding that the right to life under Article 21 of the Constitution includes the right to menstrual health.The matter is next scheduled to be heard in September..[Read Live Coverage]