NEW DELHI: Rapping states and UTs for ignoring its judgment, the Supreme Court on Friday said menstrual hygiene is a fundamental right under Article 21 of the Constitution and expressed displeasure over failure to file compliance reports, and granted one last opportunity to Centre and defaulting states to do the needful, with next hearing on December 14.
"We are concerned that despite Centre seeking reports from all states and UTs (Union Territories) on the steps taken, majority have not responded, reflecting the apathy towards women's health and dignity," said two-judge bench of Justices J B Pardiwala and K V Viswanathan.
The apex court made these remarks while monitoring the implementation of its January 30's landmark verdict which held that menstrual hygiene is integral to right to life with dignity under Article 21 and directed governments to ensure sanitary facilities, awareness and access in schools and public institutions
Expressing its strongest displeasure over the way its judgements were not complied with by certain states and UTs, the top court said such silence (Not fulfilling its duty in compliance of its earlier judgment) undermines the constitutional rights of women and girls and defeats the very objective of Article 21.
"The States must realize that menstrual health is not a taboo subject to be ignored. It is directly linked to health, education and dignity," the bench said.
The January 30 judgment had directed provision of free sanitary napkins in schools, functional toilets with running water, incinerators for disposal and inclusion of menstrual hygiene in school curriculum.
Additional Solicitor General (ASG), senior law officer appearing for the Centre, submitted that communications were sent to chief secretaries of all the states and UTs seeking details regarding the provision of free or affordable sanitary napkins, functional toilets with water, disposal infrastructure and menstrual health education, but only a handful have replied.
Hearing these submissions, a dissatisfied court, granted one last opportunity to the Centre and those defaulting states and UTs who failed in complying with its verdict and directed the defaulting states and UTs to file comprehensive affidavits within four weeks indicating the policy framed, funds sanctioned, pads distributed and toilets constructed.
"Menstrual hygiene is not charity or largesse. It is a fundamental right under Article 21. States cannot treat this judgment as mere advisory. Non-implementation directly impacts adolescent girls, leading to school dropouts, health issues and stigma," the bench remarked.
The SC's January 30 judgment had mandated the Centre to formulate a uniform national policy and states and UTs to implement it with budgetary allocation and time-bound action.
The bench thereby asked the Centre to issue a final reminder and prepare a chart showing compliant and non-compliant states and place it before the court.
The court warned that if compliance reports are not filed by the next date, chief secretaries of erring states and UTs will be summoned and coercive steps will be considered. It posted the matter for further hearing to December 14.
