Description
"Public health is a State issue," the Center told the Supreme (Representative) Court The Center told the Supreme Court that it is dedicated to improving access to menstrual hygiene for girls and adolescents, but the responsibility for providing health services falls on the respective state governments because public health is a state issue. In an affidavit filed with the Supreme Court, the Department of Health said it has conducted awareness and training programs and made necessary resources available to girls across the country.
“It is argued that public health is a state issue and that the responsibility for providing health services falls on the respective state governments.
"The central government and its agencies are not the bodies that implement menstrual health programs; in fact, it is the states and their agencies that are at the forefront of policy implementation," the ministry said.
He said that the central government is committed to improving the menstrual hygiene of girls and adolescents and making the necessary resources available to them.
The affidavit was filed in response to a PIL from Congress Leader Jaya Thakur requesting the issuance of instructions to provide free sanitary pads to girls studying in grades 6-12 in public schools across the country.
The ministry said that menstruation and menstrual practices are clouded by taboos and socio-cultural restrictions for women and adolescent girls in India, combined with limited access to sanitary hygiene products and a lack of safe sanitary facilities.
“In addition, traditionally there have been practices of using old clothes as towels by recycling them, using ash or straw, which do not affect menstrual hygiene but do have long-term implications for reproductive health.
"The government is committed to sensitizing adolescent girls about menstrual hygiene, building self-esteem and empowering girls for better socialization. The government is also working to increase access to and use of high-quality sanitary napkins for girls in rural areas," the ministry said.
Thakur, in his statement, said that adolescent girls aged 11-18, from a poor background, face serious difficulties in receiving education due to lack of access to education, a constitutional right under Section 21A of the Constitution.
“These are adolescent girls who are not equipped or educated by their parents about menstruation and menstrual hygiene. The disadvantaged economic situation and illiteracy lead to the prevalence of unhygienic and unhealthy practices that have serious health consequences, increase stubbornness and lead to eventual school dropout. the petition is read.
The statement, delivered through lawyer Varun Thakur, said that in order to achieve gender equality, it is crucial that girls are able to actualize their educational potential.
Referring to a 2018 order by the Delhi High Court, the allegation said it had directed the Delhi government to provide free or subsidized access to menstrual hygiene products in schools and to organize education on menstruation and menstrual hygiene.
"The Government of India has deliberated for several years on the inclusion of the right to education as a fundamental right. The Saikia Committee in 1997 was appointed to consider the economic feasibility proposal to determine whether free primary education up to the age of 14 could be become a fundamental right,” he said.
The allegation stated that the Right to Education Act 2009 was promulgated and entered into force on August 26, 2009 with the aim of providing free and compulsory education in the age group of six to 14 years.
It added that the 2019 Supreme Court verdict in the Sabarimala Temple case addressed menstrual taboos and associated stigma and ruled that the discriminatory focus on biological differences violated article 14 - the right to equality - stressing that The social exclusion of women based on menstruation status is a form of untouchability.
"Common myths about menstruation force millions of girls to drop out of school early or be ostracized for the length of their menstrual cycle each month. They also affect the recruitment of female workers, as menstruation is believed to make it difficult to productivity of their skills. Unfortunately, it continues to be treated as a taboo in many societies, surrounded by a culture of silence and shame," the allegation reads.
Thakur, in his plea, made the Center and all states parties and asked them for instructions to provide separate toilets in all government, charter and residential schools.
He also called for instructions to provide a cleaner in all government, charter and residential schools to clean toilets and the implementation of a student awareness program on menstrual health.
