LAWS(BOM)-2022-7-229

NIKITA Vs. UNION OF INDIA

Decided On July 25, 2022
NIKITA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By the order dated June 27, 2022 passed by us, we granted liberty to the petitioner to file an additional affidavit bringing on record the unclean and unhygienic state of affairs in the washrooms and toilets for the young girl students in Government aided schools, within two weeks. We had also recorded that as the second petitioner had passed away recently, the particulars of such petitioner may be deleted from the cause title and that the PIL petition may be prosecuted by the first petitioner as the sole petitioner.

(2.) In compliance of our order, the petitioner filed an additional affidavit dated July 11, 2022, placing on record the materials indicating the unclean and unhygienic state of affairs in the washrooms and toilets for the young girl students in Government aided schools. In the affidavit, the petitioner states to have conducted a small survey in rural areas in Maharashtra. It is alleged by the petitioner that no proper steps have been taken by the Government for proper and effective menstrual hygiene management for the school going girls. It is further stated that the facilities of clean and separate toilets for girls necessitates 24 hours water supply in schools, vending machines filled with sanitary pads and safe disposal of used pads; these are all measures which should be looked into effectively for proper implementation of the Menstrual Hygiene Management Guidelines. While conducting the survey, the petitioner observed that in some schools vending machines were available, but there were no sanitary pads filled in that machine; while in some other schools there was no vending machine or proper toilet facilities. The poor water supply for washing or flushing, the poor hygienic conditions of toilets, washbasins, unclean and contaminated mugs for washing in the toilets are major issues of concern as per the petitioner's observation. In respect of those girl students who bring pads on their own, the question of disposal of those pads remains unaddressed. Due to lack of proper bins/disposal facilities, the petitioner observed that the sanitary pads or other menstrual articles were found at toilet corners or kept in the windows.

(3.) Learned counsel for the petitioner submitted that the concept of monitoring of data related to Menstrual Hygiene Management practices in schools was in its nascence. Learned counsel submitted that there was no existing database of school based data on such measures. In his submission the Menstrual Hygiene Management was conceptualized comprehensively with different components as documented in guidelines, the data on its implementation was limited, and its enforcement requires the focused attention of the State. Learned counsel submits that, the rights of girl 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. It is submitted that the presence of adequate clean water supply in clean toilets, as well as facilities for the disposal of sanitary napkins, is essential to the success of the Menstrual Hygiene Management Guidelines, and warrants the active participation of the State.