The Supreme Court has stated its displeasure regarding the reports submitted by States and Union Territories on the implementation of menstrual hygiene facilities in schools. It noted that many of the responses appeared to be superficial and failed to accurately portray the actual conditions. A bench comprising Justices JB Pardiwala and R Mahadevan was overseeing compliance in the Jaya Thakur v Government of India case, during which it evaluated the latest reports from the Centre along with State and UT submissions.

While the court acknowledged some improvements made, it underscored the necessity for further action to ensure that schoolgirls’ right to menstrual health is taken seriously. The bench’s review revealed inconsistencies in the data provided by various States, indicating that much work remains to be accomplished.

Issues Identified in State Compliance Reports

According to the affidavit presented by the Union Government, 39,439 girls’ toilets had been identified that required immediate operational status. Of these, 30,458 have been constructed, 4,236 are currently under construction, and 4,745 remain unaddressed. However, the Supreme Court found contradictions in the claims made by certain States regarding their compliance. For instance, some States indicated that they had achieved saturation in toilet facilities, yet their facilities for children with special needs were markedly insufficient in comparison to their total number of schools.

The court also raised concerns about discrepancies in the handwashing facility data provided by Assam. Tamil Nadu’s assertion of full saturation of gender-segregated toilets was scrutinised. Furthermore, similar inconsistencies were evident in data concerning the availability of sanitary-napkin vending machines across Karnataka, Jammu and Kashmir, Odisha, and Arunachal Pradesh. Additionally, gaps in sanitary waste disposal facilities were flagged in submissions from Bihar, Gujarat, Delhi, Jharkhand, Rajasthan, and Uttar Pradesh. The report from Punjab was found to be illegible, further complicating the assessment.

New Reporting Guidelines and Surprise Inspections Initiated

In light of these findings, the Supreme Court has adjusted the reporting requirements for States and UTs. Future reports must not only account for provided facilities but also identify schools that lack functional gender-segregated toilets, accessible water connections, menstrual absorbents, and adequate waste-disposal systems. Each report will require States to explain the causes behind existing gaps and the timeframe needed to address them.

The court emphasised the importance of accommodating children with disabilities, ensuring that educational infrastructure meets their needs. In a bid to monitor the actual situation in schools, the court has instructed District Education Officers (DEOs) to establish teams of teachers for unannounced inspections across districts. These inspections will evaluate compliance with the court’s directives, focusing on the availability of necessary facilities and resources.

In addition, the Supreme Court has revised its specifications regarding the sanitary napkins to be provided in schools. The previous requirement for oxo-biodegradable napkins compliant with ASTM D-6954 standards has now been altered to emphasise biodegradable, biocompatible, and compostable sanitary products that align with ISO 17088 and IS 5405 standards. Materials such as bamboo, jute, and corn are suggested as potential sources for these sustainable products. The court has encouraged a gradual transition to more environmentally-friendly menstrual absorbents, including reusable sanitary napkins and menstrual cups.

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