Unhygienic and unclean toilets deny young girls the right to live with dignity, a bench of the Bombay High Court observed in an order that directed random visits by members of the District Legal Services Authority to government-aided schools.
Chief Justice Dipankar Datta and Justice MS Karnik were hearing public interest litigation (PIL) that stressed the improvement of menstrual hygiene facilities for girls in government schools.
Menstrual Hygiene PIL
Represented by Advocate Abhinav Chandrachud and Vinod Sangvikar, the petitioner brought to the notice of the court that the government has not ensured menstrual hygiene in schools.
Chandrachud pointed out areas where the government should have taken steps to improve 24-hour clean water supply, separate clean toilets for girls, safe disposal of used sanitary pads and products and vending machines filled with pads.
He argued that some schools have vending machines, but they do have sanitary pads. Some schools did not have hygienic toilets let alone vending machines. The petitioner also raised concerns regarding poor conditions of washbasins, toilets, mugs and flushes in many state schools.
Due to the lack of these basic amenities, the petitioner argued that menstrual products like pads were found in the corners of toilets, raising health concerns for the students using them every hour of the day.
The argument of the lawyers was based on Articles 14, 15, 19 and 21. They said these articles under the Constitution of India not only “include a right to access to a basic necessity such sanitary napkins, but also the availability of facilities that would enable the use of such sanitary napkins in a safe and hygienic manner.”
However, during the hearing, Government Pleader PP Kakade argued in favour of the conditions of the state-run schools and said most of them were in pretty good conditions. He said, “The picture is as grim as is being painted by the petitioner.”
Observation Of The Bombay High Court
Depending on the findings submitted by the petitioner, the bench of the court directed the State Government to opt for a comprehensive and coordinated approach to ensure that girl children live their life with dignity.
Referring to Kakade’s argument, the bench said they wanted to be completely satisfied with the conditions of toilet facilities and washrooms in the state-run school.
It ordered the government to shift its special focus on schools available in rural areas.
The court also ordered the District Legal Services Authority to pay surprise visits to at least 15 state-run schools and submit a detailed report to the court by August 22, 2022.
The bench said, “In case it is noticed that the condition of the washrooms and toilets is so pathetic and unhygienic that it needs immediate attention, the Secretaries may call upon the concerned authorities of the local bodies/schools to take the emergent steps in this regard.”
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