The Bombay High Court has urged the Maharashtra government to furnish details regarding the enhancements made in the provision of clean restroom facilities and sanitary napkins in public schools, particularly in rural regions. This directive came in response to a petition filed by lawyers Nikita Gore and Vaishnavi Gholave, who pressed for the recognition of sanitary napkins as essential commodities and the implementation of the ‘Menstrual Hygiene Management National Guidelines, 2015.’
During the proceedings, Advocate Abhinav Chandrachud drew attention to the dire shortage of adequate restroom facilities in numerous government-run schools. Bhupesh Samant, an additional government pleader, apprised the court of a scheme designed to ameliorate menstrual hygiene in government schools, which involves training students on the use of sanitary napkins by ASHA workers.
However, the court referenced a survey report by district legal service authority (DLSA) officers, which depicted the deplorable state of school facilities, and queried, “Where will they change? Have you seen the report about unusable toilets?”
Samant mentioned the suo motu cognizance taken by the Aurangabad bench to address poor school conditions statewide, resulting in the establishment of a district-level committee, with district judges leading the effort, to monitor conditions in government-run schools.
Yet, the bench expressed dissatisfaction with the necessity of judicial intervention in such matters, stating, “Something which is expected from you is being done by the Principal District Judge (PDJ). Just to ensure that girls studying there have better facilities! We do not feel very happy to pass such orders involving PDJs in such matters. Look at the conditions, it is shocking!”
In an earlier hearing last year, a different bench of the High Court had directed a representative to conduct random inspections of 15 state-aided schools and submit a report by August 2022. The reports were subsequently filed by the DLSAs, prompting the court to request a response from the government by December 6, 2023.
Samant indicated that reviewing the 15 reports and receiving instructions would consume time. He appealed to the court to contemplate necessary funding for schools to maintain sanitation. However, the court refrained from making any observations and scheduled the next hearing for December 6.
