The Supreme Court on Thursday warned that it may initiate contempt proceedings against Chief Secretaries of States and Union Territories that fail to provide information on the implementation of its directions recognising menstrual health as a fundamental right.
A Bench of Justice JB Pardiwala and Justice R Mahadevan granted the States and Union Territories a final opportunity to respond to the Union government’s requests for details on compliance with the Court’s directions. The Bench said it would consider issuing contempt notices to the concerned Chief Secretaries if any State or Union Territory continued to withhold the required information.
The Court expressed concern over the lack of responses despite the Centre having sought implementation details from the States and Union Territories. It questioned why the authorities had not furnished the information necessary to assess whether the directions were being translated into actual facilities for schoolgirls.
“If what we have said in the judgment is only going to remain on paper, how is the Union, States/UTs going to give effect to this fundamental right?” the Bench asked.
The judges reiterated that menstrual health forms part of the right to life guaranteed under Article 21 of the Constitution. They emphasised that the judgment was intended to address the barriers that prevent girls, particularly those in remote areas, from continuing their education because of inadequate menstrual hygiene facilities.
The proceedings concern the Supreme Court’s January 30 judgment in Dr Jaya Thakur v. Government of India, which directed the nationwide implementation of the Union government’s Menstrual Hygiene Policy for school-going girls and prescribed minimum standards for schools.
Under the directions, government and private schools must provide functional, gender-segregated toilets with running water, accessible sanitation facilities for children with disabilities, free sanitary napkins, designated menstrual hygiene management corners, covered bins and safe systems for disposing of menstrual waste.
The Court had revisited compliance with these directions in its September 1 order, asking States and Union Territories to identify shortcomings on the ground and explain how and within what timeframe they proposed to address them. It had also called for a gradual transition towards environmentally sustainable menstrual products.
During Thursday’s hearing, Additional Solicitor General Aishwarya Bhati informed the Bench that the Union government had taken up the matter with all States and Union Territories and sought details of the steps taken to implement the judgment. However, several authorities had not responded to the Centre’s requests.
The Bench questioned the failure to furnish the information and directed the Union government to obtain written responses from every State and Union Territory. It said the exercise should focus on the specific directions contained in its earlier orders and provide a clear picture of implementation rather than merely recording administrative instructions or issuing circulars.
The Court had previously criticised compliance reports that relied on broad assurances or simple affirmative and negative responses without establishing whether the prescribed facilities were actually available to students. It had asked authorities to identify schools lacking essential infrastructure, explain the reasons for the deficiencies and specify the time required to rectify them.
To facilitate a more detailed assessment, the Bench said the Centre could prepare a questionnaire seeking State-wise and Union Territory-wise information on compliance.
The matter has been listed for further hearing on December 14. The Court’s latest warning signals that failure to implement its directions, or to provide the information necessary to assess compliance, may invite accountability at the highest administrative level.
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