New Delhi: Terming the problem as of “immense importance”, the Supreme Court directed the Central authorities to implement a uniform nationwide policy for administration of menstrual hygiene in colleges, together with authorities and government-aided colleges. The high court docket additionally requested the Centre to arrange Standard Operating Procedures (SOPs) and formulate a nationwide mannequin to be adopted by all the states and Union Territories for managing menstrual hygiene for women learning in colleges.
A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala was heraing the was listening to the plea for issuance of instructions for offering free sanitary pads to women learning in lessons 6 to 12 in authorities colleges throughout the nation. The Court additionally appointed secretary of Ministry of Health and Family Welfare (MOHFW) because the nodal officer to coordinate with all the states and UTs and acquire related information for formulating a nationwide policy. The bench famous that MoHFW, Ministry of Education and Ministry of Jal Shakti have schemes working on the problem of menstrual hygiene.
“At the present stage, we are of the considered view that Centre should engage with all the stakeholders for implementation of the uniform national policy with a leeway for the states and UTs to modify the scheme as per their local needs,” it mentioned.
SC asks all states to ship their menstrual hygiene insurance policies to Centre
The bench mentioned protecting in thoughts the implementation of the scheme, all the states and UTs are directed to submit their menstrual hygiene administration methods and plans that are being executed both with the assistance of funds supplied by central authorities or their very own, to the Mission Steering Group (MSG) of the National Health Mission (NHM). It mentioned the mission steering group can re-evaluate the nationwide pointers based mostly on experiential studying of the final 10 plus years. The bench mentioned, “All states and UTs are directed to notify the appropriate ratio of girls’ toilets for residential and non-residential schools in their respective territories”. It added that all the states and UTs are directed to make provision for guaranteeing availability of high quality low-cost sanitary pads, merchandising machines in colleges.
“All states and UTs are further directed to ensure that disposal mechanisms are available for schools/school complexes having girls’ enrolment in upper-primary/ secondary/higher secondary classes for safe disposal of sanitary pads,” it mentioned. The bench directed the Centre to file an up to date standing report by the tip of July, 2023.
At the outset, Additional Solicitor General Aishwarya Bhati, showing for the Centre mentioned there are a number of pointers and schemes of totally different ministries devoted to enhance entry to menstrual hygiene for younger and adolescent women however the duty of offering well being care providers lies with the respective state governments as public well being is a state topic.
Also Read: Do’s and Don’ts of Menstrual hygiene: Must-follow ideas for wholesome durations
‘Public well being is a state topic’
In an affidavit filed earlier than the highest court docket, the Health ministry has mentioned it has undertaken consciousness and coaching programmes and made obligatory assets out there to women throughout the nation. “It is submitted that public well being is a state topic and the duty of offering healthcare providers is that of respective state governments.
“The Central government and its agencies are not the implementing bodies for schemes relating to menstrual health; and it is in fact the states and their agencies which are at the forefront of enforcement of the policies,” the ministry mentioned. It submitted that the Central authorities is dedicated to enhancing menstrual hygiene for younger and adolescent women and to make obligatory assets accessible to them.
The affidavit was filed in response to a PIL filed by Congress chief Jaya Thakur by means of advocate Varinder Kumar Sharma in search of issuance of instructions for offering free sanitary pads to women learning in lessons 6 to 12 in authorities colleges throughout the nation. The ministry acknowledged that menstruation and menstrual practices are clouded by taboos and socio-cultural restrictions for ladies in addition to adolescent women in India which is mixed with restricted entry to merchandise of sanitary hygiene and lack of protected sanitary services.
“Moreover, traditionally, there have been practices of using old clothes as pads by recycling them, use of ash or straw, which not affect menstrual hygiene but also have long term implications for reproductive health. “The government is dedicated to increase awareness among adolescent girls on menstrual hygiene, build self-esteem and empower girls for better socialisation. The government is also working towards increasing access to and use of high quality sanitary napkins for girls in rural areas,” the ministry has mentioned.
Thakur in her plea mentioned critical difficulties are confronted by adolescent females between the ages of 11 and 18 years who come from poor backgrounds, in receiving training on account of lack of entry to training, a constitutional proper underneath Article 21A of the Constitution. “These are adolescent females who will not be geared up with and are additionally not educated by their mother and father about menstruation and menstrual hygiene. “The deprived economic status and illiteracy leads to prevalence of unhygienic and unhealthy practices which has serious health consequences, increase obstinacy and leads to eventual dropping out from schools,” the plea mentioned.
(With PTI inputs)
