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: orders biodegradable napkins, slams poor compliance
The on expressed deep dissatisfaction with how states and union territories have implemented its earlier directions on menstrual hygiene in schools. In an order marked by frustration, the bench of Justices J.B. Pardiwala and R. Mahadevan not only modified the specification for sanitary napkins from oxo-biodegradable to biodegradable and compostable materials, but also directed district education officers to form teams for surprise inspections to get a true picture on the ground.
The case, initiated by a petition from Dr. Jaya Thakur, led to a landmark judgment on , where the Court held that the under encompasses the . The Court had then directed all states and union territories to ensure functional gender-segregated toilets with running water, free sanitary napkins, menstrual hygiene management corners, and proper waste disposal systems in every school.
A Pattern of Superficial Compliance
When the Court sought fresh compliance reports on , the filed a consolidated affidavit on claiming significant progress. However, upon scrutiny, the bench found that several states had reported full coverage even when their own data contradicted these claims. For instance, states like Andaman & Nicobar Islands, Himachal Pradesh, and Puducherry claimed saturation in functional toilets, yet the number of schools with toilets accessible for children with special needs did not match the total number of schools. Similarly, Karnataka, Jammu & Kashmir, Odisha, and Arunachal Pradesh reported full coverage for sanitary napkin vending machines even though the number of schools with such machines was far below the total.
“Having carefully gone through the reports by the States/UTs, we are constrained to say that we are discontent with the manner in which compliance is reported. The response by some States exhibit or rather mere formality,” the Court observed.
The bench also noted that many states merely issued directions or circulars without ensuring actual delivery of facilities to students. “It is one thing to say that policy exists, it is another thing that it is reaching the beneficiaries,” the Court said.
Environmental Concerns Prompt Shift in Napkin Material
A significant development in the hearing was the modification of the Court’s earlier direction on the type of sanitary napkins to be provided. The filed an highlighting that oxo-biodegradable napkins, which the Court had initially mandated under ASTM D-6954 standards, break down into microplastics and nanoplastics when disposed of in landfills or through incineration. This, the association argued, would exacerbate environmental pollution.
The Court agreed, noting that “biodegradable and compostable sanitary napkins manufactured from material like bamboo, jute, banana, starch and corn offer a sustainable solution to the growing problem of menstrual waste.” Accordingly, the direction was modified to require “biodegradable, biocompatible and compostable sanitary napkins in compliance with ISO 17088 read with IS 5405 standards.” The Court also encouraged states to gradually promote reusable options such as cloth-based napkins, menstrual cups, and period panties.
Surprise Inspections and Focus on Gaps
To remedy the lack of reliable data, the Court directed district education officers to form teams of teachers to conduct surprise inspections of all schools within their jurisdiction. These inspections must assess the availability of toilets, washing facilities, menstrual products, disposal mechanisms, and awareness measures. The Court also ordered that future compliance reports should focus on deficiencies rather than achievements.
“The responses shall now reflect the gaps instead of what has already been achieved,” the bench directed. States and union territories must identify the number of schools still lacking functional gender-segregated toilets with usable water connections, explain the reasons for these gaps, and specify the time required to address them.
The Court further sought specific information on the appointment of toilet cleaners, noting that several states had either not appointed cleaners or left schools to manage on their own.
Looking Ahead
The matter is scheduled for further hearing on . The Court made it clear that the extends beyond enrolment to address retention, particularly the reasons behind dropout and absenteeism among adolescent girls. “Mere declaration is not going to serve the purpose,” the bench warned, adding that “the progress may be slow but it shall be meaningful.”
