New Delhi: The Supreme Court on Tuesday voiced its strong displeasure over several states and Union Territories failing to provide a response to the central government regarding the implementation of its landmark judgment that declared menstrual hygiene as a fundamental right under Article 21 of the Constitution.
Information was available with The Chenab Times that a bench comprising Justices J.B. Pardiwala and R. Mahadevan questioned the efficacy of the apex court’s pronouncements if they remained only on paper, emphasizing the need for concrete action to give effect to this fundamental right.
The court reiterated its earlier stance, noting that it had declared menstrual hygiene and health as integral facets of the right to life and personal liberty, enshrined in Article 21.
During the proceedings, Additional Solicitor General (ASG) Aishwarya Bhati informed the bench that the Union of India had actively engaged with all states and Union Territories to ascertain the progress of implementation following the court’s judgment. However, she conveyed that a significant number of states and UTs had yet to respond to the Union’s queries.
The bench expressed its bewilderment at this lack of response, stating, “We fail to understand that once the Union calls for the necessary information, why the states/UTs do not respond.” The judges underscored the importance of the judgment, which was delivered on January 30, recognizing menstrual hygiene as a fundamental right, particularly for young girls who face educational disruptions due to such issues, especially in remote areas.
The court directed the Union government to pursue the matter with each state and UT with utmost seriousness, demanding a written submission detailing the specific steps taken to implement the apex court’s verdict. The ASG was instructed to ensure that the Centre thoroughly reviews the judgment and calls for comprehensive information covering all aspects of the matter.
Expressing a firm stance, the bench warned that if the Union government reported a continued lack of response from any state or UT on the next date of hearing, it would not hesitate to issue contempt notices to the concerned Chief Secretaries.
The court granted one final opportunity to the states and UTs to comply with the directives and posted the matter for further hearing on December 14. This decision follows a September 1 order where the bench had highlighted the critical need for gender-segregated, functional toilets with adequate water connectivity in schools, ensuring accessibility and privacy for students.
Earlier, the Centre had informed the Supreme Court that 30,458 gender-segregated toilets with washing facilities had been constructed in schools across the country, with an additional 4,236 under construction. The January judgment had mandated that all schools, both government and privately managed, in urban and rural areas, must be equipped with functional, gender-segregated toilets and a reliable water supply. Furthermore, the court had directed states and UTs to ensure the provision of sanitary napkins free of cost to all girl students.
The original petition that led to this judgment had sought the pan-India implementation of the central government’s ‘Menstrual Hygiene Policy for School-going Girls’ for students from classes 6 to 12 in government and government-aided schools.
The Chenab Times News Desk