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Synopsis

On September 5, a bench of Chief Justice Dipankar Datta and Justice M.S Karnik, on receiving the report filed by the Maharashtra District Legal Services Authority and a copy of the same shall be given to both parties at their cost. The petitioner has been given 3 weeks to file an additional and send a copy to the AGP as well. The matter is to be taken up on 3rd October again.

The matter pertains to a PIL filed by Nikita Gore wherein, it was alleged that the central government and state government do not have a proper system of menstrual hygiene management in schools due to which women, especially adolescent girls are facing social barriers.

In compliance with the court’s order dated 11 July 2021, the petitioner had filed an additional affidavit on record that a small survey was done in a few districts of Maharashtra wherein, it was found that no steps were taken by the central and state government for effective menstrual hygiene management. It stated that the measures that can be taken for menstrual hygiene management can include separate toilets for girls necessitates 24 hours water supplying schools, vending machines filled with sanitary pads, and safe disposal of used pads.

During the survey conducted by the petitioner, it was found that vending machines were available in a few schools, but there were no sanitary pads filled in the machine, and in other schools, there was no vending machine or proper toilet facilities. The major issues that the petitioner has pointed out include poor hygienic conditions of toilets, washbasins, and unclean and contaminated mugs for washing in the toilets. The petitioner has also mentioned that girls who had access to the sanitary pad are not able to dispose of the same since there is no proper system of disposal and hence, they are found near toilet corners or windows.

The petitioner had argued that the rights of children under Articles 14, 15, 19, and 21 of the Constitution of India would not only include a right of access to a basic necessity such as sanitary napkins, but also the availability of facilities that would enable the use of such sanitary napkins in a safe and hygienic manner

The bench after going through the averments and pictures annexed by the petitioner, noted that we cannot help but lament the sorry state of affairs regarding the upkeep and hygiene of the toilets in some of the Government aided schools. Further, such an unclean and unhygienic state of affairs affects the right of every girl child to live with dignity.

After the AGP argued that the survey was done on a selective approach and in most schools, the facilities were up to mark, the bench observed that they would not hesitate to express their satisfaction and appreciate the efforts on the part of the  State Government, the Zilla Parishads, the Corporations, the Councils, the Panchayats. The bench took the assistance of the District Legal Services Authority (DLSA) in obtaining a report about the condition of the hygiene system in schools.

The court in its earlier ordered DLSA to direct the respective authorities to conduct a survey of 15 government-aided schools, of which some of them should be in remote areas, and file a report before the bench before August 22, 2022.

The court had also noted that in case it is found that, no proper system is in place the secretaries may call up on the local bodies and schools to take necessary action in this regard and that the principal and school staff should co-operate with the same. Meanwhile, the court directed the state to file a detailed response to the concerns expressed in the PIL including the additional affidavit filed by the petitioner.

 

Case Title: Nikita Gore versus UOI and Others