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The Supreme Court on Monday warned states, which have not yet submitted their response to the center on forming a unified national policy on menstrual hygiene for schoolgirls, that they will resort to a “coercive arm of law” if they fail to do so by Aug. 31.

The warning came after the center informed the Supreme Court that it had so far received only four countries’ responses.

A judicial panel headed by Chief Justice D. Y. Chandrachod directed states and union territories (UTs), which failed to submit their responses, to do so positively by August 31.

“The defaulting states are advised that in the event of any further default, this court will be bound to resort to the coercive arm of the law,” said the court, which also includes Judges JP Pardewala and Manoj Misra.

Appearing at the centre, Additional Advocate General Aishwarya Bhatti told the court that so far the central government has received input from only four states – Haryana, Delhi, West Bengal and Uttar Pradesh.

The Supreme Court on April 10 asked the center to prepare Standard Operating Procedures (SOPs) and draft a national form to be adopted by all states and UT territories to manage menstrual hygiene for schoolgirls.

Noting that this issue is of “great importance”, the Supreme Court said the center should engage with all stakeholders to implement a unified national policy on menstrual hygiene management in schools, including government schools and government-supported schools.

An appeal has been seized that sought direction to the centre, states and UTs to ensure free sanitary pads for every girl studying between grades 6-12 and a separate toilet for females in all state and boarding schools.

During Monday’s hearing, Bhatti told the court that the Supreme Court had earlier given broad directives to frame or update a national policy on menstrual hygiene.

Your Lords have directed the States to give us their input within four weeks. Unfortunately, we only got it from four states,” she said, adding that the rest of the states and UTs may be given the last chance to submit their input to the center.

The court noted that Bhatti had stated that as per the Supreme Court’s order of April 10, the center had only received responses from Delhi, Haryana, West Bengal and Uttar Pradesh.

“We direct all other states and territories that have not submitted their responses to do so positively by August 31, 2023,” she said, adding that a copy of her order will be available to the chief secretaries of the remaining states for compliance.

The court released the case for further hearing in the second week of November.

On April 10, the Supreme Court appointed the Secretary of the Ministry of Health and Family Welfare (MOHFW) as a contracting officer to coordinate with states and territories UT and collect relevant data to formulate national policy.

I have noted that the Ministry of Health and Family Welfare, the Ministry of Education and the Jal Shakti Ministry have plans to manage menstrual hygiene.

The Supreme Court said: “At the present stage, we are of the considered view that it would be appropriate for the Union Government to engage with all the State and Union Territory Governments to ensure the formulation of a unified national policy with sufficient leeway for the States and Union Territories to make adjustments, based on the conditions prevailing in their territories.”

It has directed that all states and UTs must submit their menstrual hygiene management strategies and plans implemented either with the help of funds provided by the center or through their own resources to the NHS Mission Steering Group within four weeks.

The Supreme Court said that states and UTs will also refer to the NHS Mission State Guidance Group on the appropriate proportion of female toilets for residential and non-residential schools on their lands.

It has also asked all states and UTs to indicate steps taken to provide sanitary pads and low-cost vending machines in schools and to dispose of them appropriately.

In an affidavit filed earlier in the Supreme Court, the union health ministry said it had implemented awareness and training programs and made necessary resources available to girls across the country.

The petition to the Supreme Court said that teenage girls from a poor background between the ages of 11 and 18 faced serious difficulties in receiving an education due to the lack of access to education, which is a constitutional right under Section 21A of the Constitution.

“These are adolescent girls who have not been prepared and have not been educated by their parents about the menstrual cycle and menstrual hygiene.

“The disadvantaged economic situation and illiteracy lead to the spread of unhealthy and unhealthy practices that have serious health consequences, increase stubbornness and ultimately lead to school dropout,” the appeal states.

(This story was not edited by the News18 staff and was published from a syndicated news agency feed – PTI)

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