Jahanvi Agarwal
The Supreme Court cautioned state governments on Monday, i.e., July 24, 2023, that if they failed to respond to its request for a consistent national policy on menstrual hygiene for school girls by August 31, 2023, then the court would resort to the “coercive arm of the law” to compel them to adhere to it.
Only four state governments i.e., Haryana, Delhi, West Bengal, and Uttar Pradesh had submitted their response until now, according to Additional Solicitor General Aishwarya Bhati, speaking on behalf of the Centre before a bench chaired by Chief Justice of India D.Y. Chandrachud.
The Bench consisted of Justices J. B. Pardiwala and Manoj Misra, and they ordered state governments and Union Territories that have not yet provided written answers to do so by August 31.
The bench said the states which are in default are placed on notice and was of the opinion that:
“Should there be any further default, this court will be constrained to take recourse to the coercive arm of the law.”
A copy of the court’s order shall be made available to the chief secretaries of the remaining states for compliance, the court declared after hearing a request from Madhya Pradesh Congress leader Jaya Thakur, and it adjourned the subject for further hearing in the second week of November.
The court pointed out that the matter is of utmost importance since it directed the Centre to come up with a Standard Operating Procedure (SOP) and a national model for managing the menstrual hygiene of girls enrolled in schools in April of this year.
The petition demanded that the state and Central governments make sure all female students in Classes 6 to 12 have access to free sanitary pads as well as separate restrooms in all government-sponsored and residential institutions.
Case Name: Dr. Jaya Thakur v GoI And Ors.
Diary Number: 1000/2022
Bench: Hon’ble Chief Justice, Mr. Justice J.B. Pardiwala and Mr. Justice Manoj Misra