The Supreme Court of India has emphasized the critical need for accessible menstrual hygiene facilities to ensure that young girls do not have to discontinue their education due to a lack of sanitary napkins. This statement was made during the proceedings of the case Dr. Jaya Thakur v. Government of India, where a Bench comprised of Justices JB Pardiwala and R Mahadevan urged the Union government to implement its directives concerning menstrual hygiene across the nation.
In a landmark judgment on January 30, the Supreme Court had instructed the Union government, along with the States and Union Territories, to provide complimentary sanitary pads to female students and to establish gender-segregated toilets equipped with sufficient menstrual hygiene amenities in educational institutions. On Monday, the Court reiterated its stance, encouraging the government to maximize the ruling’s impact and ensure that it benefits as many girls as possible.
Justice Pardiwala remarked, “Make the most of it. This is for the good of the women of our country, young girls, and students. Education should not be sacrificed, and girls should not be forced to remain at home performing domestic duties for this reason.” The Supreme Court has committed to monitoring the compliance of its January 30 ruling every three months, mandating that the Union government submit periodic progress reports.
The Bench asserted, “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 Court emphasized the need for the Union to gather data on compliance consistently, thus ensuring that the directives lead to tangible outcomes.
Additional Solicitor General (ASG) Archana Pathak Dave, representing the Centre, provided a summary of the compliance report, outlining the actions taken by the Union government and the States in response to the Court’s directives. The ASG highlighted that the judgment had spurred significant efforts among the States and Union Territories.
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Justice Pardiwala inquired whether the Union was advising the States on implementing the Court’s directives effectively. The ASG responded that numerous inter-ministerial meetings had been conducted with relevant stakeholders, including the Ministry of Health and Family Welfare. She noted, “To see proper progress, we would need at least six months.”
Additionally, a submission was made by a counsel representing an NGO concerning the term “oxo-biodegradable sanitary napkins” mentioned in the previous judgment, suggesting that it might not be environmentally beneficial. The Court acknowledged the submission, suggesting that the issue be discussed with the ASG.
In its previous judgment, the Supreme Court had asserted that access to menstrual hygiene measures (MHM) is integral to the right to live with dignity. The Bench recognized that inadequate access to these measures could lead to stigma, stereotyping, and humiliation for menstruating girl students. Moreover, it affirmed that the constitutional right to life under Article 21 encompasses the right to menstrual health. The case is scheduled for further hearing in September.
