(1.) We are tempted to preface our judgment with the words of Melissa Berton, an American educator, social activist, and producer. The statement articulated above resonate with an undiminishing force in the present petition as well. The issues that have unfolded before us echo the very same judicial disquiet. Even with the passage of time, the challenges that beset a girl child's education persist in much the same form.
(2.) The petitioner, who is a social worker, has filed the present petition under Article 32 of the Constitution in public interest seeking appropriate directions to the respondents the Union of India, the States and Union Territories respectively to ensure providing of (i) free sanitary pads to every female child studying between classes 6 & 12; and (ii) a separate toilet for females in all government aided and residential schools. Apart from this, certain other consequential reliefs have also been sought for in public interest including the maintenance of toilets and the spread of awareness programmes. The prayer in the petition reads thus:-
(3.) Menstruation refers to the regular discharge of blood and mucosal tissue from the inner lining of the uterus through the cervix, which passes out of the body through the vagina at approximately monthly intervals. It occurs when the egg released during ovulation is not fertilized, leading to the breakdown and shedding of the uterine lining. Menarche (the first menstrual period) occurs after the onset of pubertal growth. The average age of a female at the time of menarche is between 8 and 15 years, and it usually occurs at intervals of about 28 days.