Brief Facts
In the case of Dr. Jaya Thakur v. Government of India a writ case submitted under Article 32 of the Indian Constitution by Congress leader Jaya Thakur asking for guidelines on the subject of lavatory facilities and menstrual hygiene for female students. The petitioner asked the Union of India, the States, and the Union Territories for a directive to guarantee that all girls enrolled in classes six through twelve receive free sanitary pads and that all government-aided and residential schools have female-only restrooms. Other related reliefs were also requested, such as the upkeep of restrooms and campaigns to raise menstrual hygiene awareness. In relation to the importance of cleanliness and menstrual hygiene for female students in schools, the petition brought up significant concerns for public attention.
Analysis of Court Order
The States and Union Territories that were defaulting in submitting their responses to the Union Government for the formulation of the National Policy on Menstrual Hygiene were warned by a three-judge Supreme Court bench consisting of the Chief Justice of India, Dr. DY Chandrachud, J.B. Pardiwala, and Manoj Misra that the Court would be forced to use the coercive arm of the law.
The Court recently ordered respondents to create a uniform national policy that would allow States and Union Territories to make adjustments based on their respective territories. Additionally, they gave respondents a deadline of four weeks in which to submit menstrual hygiene management strategies and plans to the National Health Mission’s Mission Steering Group. Only four states, Delhi, Haryana, West Bengal, and Uttar Pradesh, had, however, provided the Union Government with responses. All other States and Union Territories were ordered by the court to submit affirmative responses by August 31, 2023. States and Union Territories in default were given a warning from the court that if they failed to respond, the court would use coercive legal measures. The hearing on the matter was slated for June 11, 2023.
CASE NAME – Dr Jaya Thakur v. Government of India, Writ Petition (Civil) No. 1000/2022