Menstrual Hygiene | Draft National Policy On Supply & Disposal Of Sanitary Napkins In Schools Ready: Union Govt Informs Supreme Court

On Monday (06.11.2023), the Union Government informed the Supreme Court that a draft National Policy on menstrual hygiene for supply and safe disposal of sanitary napkins in schools has been formulated. The Union requested four weeks to gather public opinions on the policy from the bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.

At the outset, Senior Advocate Vibha Datta Makhija, appearing for the petitioners expressed concern over the delay, highlighting that the necessary infrastructure funding had already been allocated to schools. However, the Supreme Court, noting that the Union had already formulated a draft policy, granted Union the four weeks as requested to receive public opinions on the scheme.

CJI DY Chandrachud stated–

"We are informed that a draft policy is ready and it has been circulated to get views of all stakeholders and a final policy shall be ready in four weeks. We direct that the Union shall ensure a national model is in place to set up girls toilets across government aided schools and residential schools and the modalities are in place for the distribution of sanitary napkins. The court shall be apprised of the policy on the next date of hearing."

The bench further directed the Union to take into consideration practices of different states so that optimum supply of sanitary napkins for girl students in a particular age group was made available. The CJI stated–

"The Union of India shall consider practices in different states in order to ensure adequate supply of sanitary napkins and that modalities for distribution are favourable."

The bench was considering a petition seeking directions to the Union of India, the States, and the Union Territories to ensure, among other things, provisions for sanitary pads to girl children in class 6-12 and separate toilets for girls in all government, government aided schools, and residential schools.

As per the petition, the inadequate Menstrual Hygiene Management (MHM) options were a major barrier to education, with many girls dropping out of school due to lack of access to sanitation facilities, menstrual products and the stigma associated with menstruation.

The petition not only prayed for free sanitary napkins and toilets in school, but also prayed for a three stage awareness program that -

1. Creates awareness about menstrual health and dispels the taboo surrounding it;

2. Provides adequate sanitation facilities and subsidised or free sanitary products to women, especially in disadvantaged areas;

3. Ensures an efficient and sanitary manner of menstrual waste disposal.

Case Title: Dr. Jaya Thakur v GoI And Ors. WP(C) No. 1000/2022

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