NEW DELHI: The Supreme Court on Monday said a PIL (Public Interest Litigation) on the alleged lack of functional sanitation facilities for girls in all the government schools across the country should be heard by the bench that had earlier recognised menstrual health as part of fundamental rights.
The plea filed by advocate, Reepak Kansal, named the Centre and several states and UTs (Union Territories) as respondents and sought urgent measures to provide adequate toilets and sanitary infrastructure and similar facilities.
A bench comprising CJI Surya Kant, Justices Joymala Bagchi and V Mohana took note of the submissions -- while pointing to a previous comprehensive judgment on the subject -- said the issues raised were already covered.
"The Supreme Court has already delivered a comprehensive judgment dealing with the issues raised in the plea," the CJI noted, and asked the counsel to examine the earlier directions.
The Court then directed that the PIL be listed before the bench that passed the earlier landmark ruling in which it held and recognised menstrual health as part of fundamental rights.
Kansal in his PIL, sought appropriate order, or direction ordering the Respondents -- Centre and others -- to ensure the time bound construction, restoration, maintenance, and continuous functionality of safe, hygienic, accessible, secure, and separate toilets for girl students in all Government, Government-aided, and Private Schools across the country, in conformity with Articles 14, 15, 21, and 21 of the Indian Constitution.
He also sought appropriate order to the Centre to formulate, notify, and strictly enforce Uniform National School Sanitation Standards prescribing minimum mandatory requirements, including uninterrupted running water supply, daily cleanliness protocols.
Kansal further sought that the Centre should be ordered to do regular structural maintenance, adequate lighting and ventilation, secure internal locking mechanisms, menstrual hygiene management facilities including age appropriate sanitary waste disposal mechanisms, handwashing facilities with soap and complete barrier free accessibility for Children with Special Needs.