On November 12, the Supreme Court took a significant step toward addressing menstrual hygiene challenges for adolescent girls, underscoring its commitment to their health, dignity, and education. Reviewing a petition for providing free sanitary pads to girls from classes 6-12 across government and aided schools, the Court examined the current policy framework and stressed the need for urgent, actionable steps by States and Union Territories.
Background of the Case
The petition was brought forward by social worker Dr. Jaya Thakur, who invoked the Supreme Court’s jurisdiction under Article 32 of the Constitution. Dr. Thakur highlighted the significant barriers young girls face due to inadequate Menstrual Hygiene Management (MHM) options. She cited statistics showing that over 23 million girls drop out of school annually, with many unable to continue their education due to limited access to sanitary products, proper sanitation facilities, and the stigma surrounding menstruation.
The petition requested free sanitary pads for all girls in government and government-aided schools. It also called for separate, clean, and safe washrooms in these schools, emphasizing that without these facilities, menstrual hygiene would remain a key obstacle to the education of millions of girls, particularly in disadvantaged communities.
The case’s background also included the Supreme Court’s previous directive, issued on April 10, 2023, in which it ordered the Union Government to create a uniform national policy on menstrual hygiene for school-going girls. This direction followed an earlier notice issued by a bench led by then Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha on November 28, 2022.
The Court’s Hearing on November 12
The current proceedings were presided over by a bench of Justices J.B. Pardiwala and Pankaj Mithal. Additional Solicitor General Aishwarya Bhati represented the Union Government and informed the Court that the government had developed a Menstrual Hygiene Policy for School-going Girls. The policy, Bhati noted, had been formulated as a comprehensive guide, addressing various elements essential for effective menstrual hygiene management in schools.
Advocate Varun Thakur, representing Dr. Thakur, however, contended that despite this new policy, actual distribution of free sanitary pads remains inconsistent, particularly in remote and economically disadvantaged regions. He raised concerns that while the Union has taken steps, these efforts have yet to materialize effectively at the grassroots level, affecting the daily lives of millions of girls.
Observations from the Bench
The Supreme Court’s bench showed particular interest in understanding how the policy is to be funded, administered, and implemented across various states and territories. It probed whether there were adequate financial allocations and logistical plans for the distribution of free pads to reach the intended beneficiaries.
ASG Bhati clarified that while the Union provides partial funding under the National Health Mission (NHM), the execution depends heavily on state-level contributions and coordination. According to Bhati, the Union’s approach is to partially finance the program, with states supplementing and executing the distribution efforts. She further highlighted that an action plan is being devised for effective implementation, but admitted that the task involves multi-layered coordination between government bodies, educational institutions, and health departments.
Justice Pardiwala emphasized that the Union Government must not only design policies but also ensure their robust implementation, especially for issues with high social impact like menstrual hygiene. “One thing is for sure, today there is no distribution,” Justice Pardiwala observed, expressing concern over the delays in translating policy into real, tangible benefits for girls across the country.
Court-Ordered Next Steps
The Court directed ASG Bhati to provide a two-page note detailing the immediate measures and clarifications necessary to ensure that free sanitary pads and related menstrual hygiene facilities become accessible to all girls in government schools. The note, expected to outline a clearer roadmap, will clarify how funding and distribution will be managed and identify state-specific responsibilities.
The Supreme Court further stipulated that it expects full implementation of the menstrual hygiene policy to be in place by the end of 2024, thereby resolving the petitioner’s concerns.
Petition’s Three-Pronged Approach for Menstrual Hygiene
The petition called for a comprehensive, three-tiered approach to menstrual hygiene in schools:
- Awareness and Education: Introducing programs to dispel myths around menstruation and normalize the topic in educational settings, promoting better awareness among both boys and girls.
- Sanitation and Accessibility: Providing clean, accessible toilets equipped with sanitary napkins in all schools, particularly in disadvantaged areas.
- Sanitary Waste Disposal: Establishing systems for the safe and sanitary disposal of menstrual waste, reducing environmental and health risks associated with improper waste handling.
A Matter of Dignity and Education for Girls
The Supreme Court underscored the importance of the issue, noting that menstrual hygiene directly impacts the educational and personal growth of young girls. Without appropriate resources and facilities, adolescent girls face daily hurdles, with many opting to miss school or drop out entirely during menstruation.
Conclusion
This case marks a significant move by the Supreme Court to uphold the fundamental rights of girls to education, dignity, and health. By setting a 2024 deadline for the uniform implementation of menstrual hygiene policies, the Court has reinforced that essential policies must not merely remain on paper but be integrated meaningfully into the lives of those who need them most.
Case Details
Dr. Jaya Thakur v. Government of India and Others
Case No.: W.P.(C) No. 1000/2022
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