Guwahati: The Supreme Court has warned that it may initiate contempt proceedings against chief secretaries of states and Union Territories that fail to report steps taken to implement its judgment recognising menstrual health and hygiene as part of the fundamental right to life under Article 21 of the Constitution.
A Bench of Justices J.B. Pardiwala and R. Mahadevan expressed displeasure on October 13 over the failure of states and Union Territories to respond to the Centre’s request for information on the implementation of the verdict.
“If what we have said in the judgment is only going to remain on paper, how are the Union and states/UTs going to give effect to this fundamental right?” the Bench asked.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, told the court that the Union government had taken up the matter seriously with all states and Union Territories, seeking details of the steps taken to implement the judgment. However, the states and UTs had not responded, she said.
The Bench questioned the delay, asking why states and Union Territories had failed to provide the information despite the Centre’s request.
The court directed the Union government to pursue the matter with each state and Union Territory and obtain written details of the measures taken to implement the ruling. It also said the Centre should review the judgment and seek information on every aspect of its implementation.
“If we hear from the Union that some of the states/UTs have not responded, we shall proceed to issue a contempt notice to the concerned chief secretary,” the Bench said, granting the states and Union Territories one final opportunity to comply.
The matter has been posted for further hearing on December 14.
Court stresses access to menstrual hygiene facilities in schools
In its January 30 judgment, the Supreme Court held that the right to life under Article 21 includes the right to menstrual health. The ruling came in response to a plea seeking nationwide implementation of the Centre’s menstrual hygiene policy for schoolgirls in Classes 6 to 12 in government and government-aided schools.
The court directed states and Union Territories to ensure that all schools, whether government-run or privately managed and located in urban or rural areas, have functional, gender-segregated toilets with usable water connectivity. It also directed them to provide sanitary napkins free of cost to girl students.
In an order dated September 1, the Bench had asked states and Union Territories to address the deficiencies identified by the court and report on the steps taken by the next hearing.
The court had specifically called for information on the number of schools lacking functional gender-segregated toilets with usable water facilities, as well as measures to ensure accessibility and privacy.
The Centre had earlier informed the court that 30,458 gender-segregated toilets with washing facilities had been constructed in schools nationwide, while another 4,236 were under construction.
The Bench said the judgment was intended to address barriers to education faced by girls, particularly in remote areas, because of inadequate menstrual hygiene facilities.