In a significant move, the Central government conveyed to the Supreme Court that they have developed a preliminary national strategy concerning the provision of sanitary pads for schoolgirls. This policy is currently in the process of being shared with various stakeholders to gather their input and feedback.
The court, led by the Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, has requested more details about the policy for the next court hearing.
Supreme Court’s Instruction For The Centre
Additionally, the Supreme Court has instructed the Centre to ensure the implementation of a national plan to create girls' toilets in government schools. The Court had previously issued various instructions, including the requirement for all states to submit their menstrual hygiene policies and ensure the availability of low-cost sanitary pads and safe disposal methods. These measures were in response to a plea from social activist Jaya Thakur, represented by Varinder Kumar Sharma and Varun Thakur, seeking free sanitary pads for girls in Classes 6 to 12.
Petitioners’ Arguments
The petitioner emphasised the challenges faced by adolescent girls from economically disadvantaged backgrounds who often lack education and awareness about menstruation and menstrual hygiene.
In the plea, the petitioner requested for specific directions from the Court, including separate toilets for girls in government-aided and residential schools, and dedicated personnel for toilet cleaning. The petitioner also called for a three-stage awareness programme focusing on menstrual health education, access to affordable or free sanitary products, and proper menstrual waste disposal.
The petitioner argued that the right to health in India is a fundamental right under the Constitution and should include menstrual hygiene.
In response to these concerns, the Supreme Court has directed the Centre to establish a national plan for creating girls' toilets in government-aided and residential schools based on the number of female students.