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SC asks Centre to look into ground situation on menstrual hygiene in schools

The Supreme Court has directed the Centre to examine the ground realities surrounding menstrual hygiene in schools before implementing its national policy on the matter. The directive came during a hearing where the petitioner raised concerns about the policy’s effectiveness and the accuracy of data it relied upon.

A bench of Justices J.B. Pardiwala and Pankaj Mithal asked Additional Solicitor General (ASG) Aishwarya Bhati to address the issues highlighted by the petitioner and clarify the Centre’s position by December 3.

The Union of India has framed a National Policy on Menstrual Hygiene for School-Going Girls, which outlines objectives, components, and stakeholder responsibilities. However, the petitioner’s counsel argued that the policy fails to address key reliefs sought in the petition and is based on flawed data.

The counsel pointed out inconsistencies in the government’s affidavit, which claimed that 64.5% of girls use sanitary napkins, 49.3% use cloth, and 15.2% rely on locally prepared napkins—a total exceeding 100%. They argued that such inaccuracies undermine the policy’s objectives and urged the Centre to assess the actual ground situation before finalizing implementation.

The petitioner highlighted grim conditions during a visit to Damoh district, Madhya Pradesh, noting a lack of basic facilities such as peons and housekeeping staff in government middle schools. Schools in the area reportedly lacked resources to provide sanitary pads, forcing girls to leave school if they required one.

ASG Aishwarya Bhati acknowledged the need for improved implementation of the policy. She informed the Court that the Ministry of Health and Family Welfare is coordinating with states and union territories to develop comprehensive action plans for effective rollout in government and government-aided schools.

The plea, filed by social activist Jaya Thakur through advocates Varinder Kumar Sharma and Varun Thakur, seeks directions to provide free sanitary pads to girls in Classes 6 to 12, separate toilets for girls in schools, and dedicated cleaners for maintaining hygiene. It also calls for a three-stage awareness program addressing menstrual health taboos, sanitation facilities, and menstrual waste disposal.

The petitioner underscored the difficulties faced by adolescent girls aged 11 to 18 from economically disadvantaged backgrounds. The lack of awareness and hygienic menstrual management often leads to severe health issues, increased absenteeism, and eventual school dropouts.

“Menstrual hygiene management is fundamental to the dignity and well-being of women and girls, constituting an integral part of basic hygiene, sanitation, and reproductive health services,” the petition stated. It further argued that inadequate facilities compromise girls’ education and health, violating their right to life and dignity guaranteed under Article 21 of the Constitution.

The case will continue on December 3, with the Supreme Court emphasizing the need for data accuracy and tangible measures to address menstrual hygiene challenges in schools.

(Inputs from ANI)

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