Bench Demands Compliance Reports on School Sanitation and Warns Chief Secretaries of Contempt Action
Supreme Court Warns States Over Menstrual Hygiene Rights
The Supreme Court has warned States and Union Territories (UTs) over delays in implementing school sanitation directives. The Court stressed that the Menstrual Hygiene Fundamental Right under Article 21 must translate into meaningful action.
A Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan expressed serious concern over the lack of compliance reports.
The Bench warned that it may issue personal contempt notices to Chief Secretaries of defaulting States and UTs.
The Court directed the authorities to submit mandatory implementation data before the next hearing.
Menstrual Hygiene Recognised Under Article 21
The Supreme Court reiterated that menstrual hygiene forms part of the fundamental right to life under Article 21.
The Bench questioned how governments intended to enforce this constitutional protection without taking practical steps.
The judges observed:
“We are sure the Union, the States/UTs have realized the importance of the judgment that we have delivered, declaring menstrual hygiene as a part of the Fundamental Right. In other words, we have declared menstrual hygiene/ menstrual health as one of the facets of Article 21 of the Constitution. If what we have said in the judgment is only going to remain on paper, how is the Union, States/UTs going to give effect to this Fundamental Right?”
The Court emphasised that constitutional recognition alone cannot ensure effective protection.
Authorities must implement the directions and provide essential facilities to students.
Supreme Court’s Directives for School Sanitation
In its earlier judgments in January and September, the Supreme Court issued nationwide directions on menstrual hygiene.
The directives require implementation of the Union Government’s Menstrual Hygiene Policy.
They cover female students in Classes 6 to 12. Both government and private schools must comply, including those in urban and rural areas.
Functional Toilets and Basic Facilities
Schools must provide functional, gender-segregated toilets with continuous running water.
They must also ensure adequate soap and handwashing facilities.
Free Sanitary Napkins and Emergency Supplies
Schools must distribute sanitary napkins free of cost.
They must also establish dedicated menstrual hygiene management corners.
These corners should contain spare innerwear, uniforms, disposable pads, and other emergency supplies.
Surprise Inspections and Maintenance
District Education Officers must form teacher teams to conduct unannounced school inspections.
Authorities must also allocate dedicated funds for toilet maintenance and cleaning staff.
Environmentally Friendly Sanitary Products
The Court encouraged authorities to adopt biodegradable, biocompatible, and compostable sanitary pads.
This transition aims to support menstrual hygiene while reducing environmental harm.
States Fail to Respond to Centre’s Communications
Additional Solicitor General Aishwarya Bhati appeared for the Union Government during the proceedings.
She informed the Bench that the Centre had repeatedly contacted States and UTs following the September 1 order.
However, the defaulting jurisdictions had not provided the required compliance data or responses.
The Bench expressed surprise over the lack of cooperation.
The judges highlighted the difficulties that inadequate menstrual hygiene facilities create for adolescent girls.
They also noted that these problems contribute to school dropouts, particularly in remote regions.
The Bench stated:
“Whatever we have done, we have done in the interest of young girls who are giving up education, more particularly, in remote parts of the country because of the problem of menstrual hygiene, etc. We fail to understand that once the Union calls for the necessary information, why the States/UTs do not respond.”
The Court stressed that administrative inaction could undermine the purpose of its earlier judgments.
Supreme Court Orders Detailed Compliance Questionnaire
The Supreme Court directed the Union Government to prepare a comprehensive questionnaire.
The questionnaire must examine every important aspect of menstrual hygiene implementation.
It must specifically address:
- Availability and condition of school toilets.
- Discrepancies in existing sanitation data.
- Access to water, soap, and handwashing facilities.
- Installation and functioning of sanitary napkin vending machines.
- Availability of menstrual waste disposal systems.
- Infrastructure gaps and necessary corrective measures.
The Court expects States and UTs to provide accurate information.
Authorities must identify existing deficiencies and propose time-bound action plans.
The Bench made it clear that superficial lists of achievements would not satisfy its directions.
Chief Secretaries Face Possible Contempt Action
The Supreme Court granted one final opportunity to defaulting States and UTs.
It warned that continued non-compliance could lead to personal contempt notices against their Chief Secretaries.
The Court also directed the Union Government to collect the responses and prepare a consolidated status report.
The report must reflect the actual implementation of the Court’s directions.
The Bench stressed that government authorities must take concrete steps to protect students’ constitutional rights.
Next Hearing Scheduled for December 14, 2026
The Supreme Court will hear the matter again on December 14, 2026, at 2:30 PM.
Before that hearing, States and UTs must submit the required implementation details.
The Union Government must compile the responses and present the compliance status.
The proceedings highlight the importance of turning the Menstrual Hygiene Fundamental Right into accessible facilities and meaningful protection for schoolgirls across India.
