Newdelhi: The Supreme Court has expressed displeasure over states and Union territories failing to inform the Centre about the steps taken to implement its judgment declaring menstrual hygiene a part of the fundamental right to life under Article 21 of the Constitution.
The court has granted states and Union territories one final opportunity to provide the necessary information, warning that it may issue contempt notices to the chief secretaries concerned if they do not respond. The next hearing in the matter is scheduled for December 14.
A bench comprising Justices J B Pardiwala and R Mahadevan questioned how the constitutional right would be given effect if the rulings remained only on paper. The Supreme Court had previously declared menstrual hygiene and health to be protected under Article 21, which covers the protection of life and personal liberty, through a judgment delivered on January 30. A subsequent directive on September 1 instructed regional authorities to address identified deficiencies and submit reports.
During a hearing, Additional Solicitor General Aishwarya Bhati, representing the Centre, informed the bench that the Union government had proactively engaged with all states and Union territories to request details on implementation, but noted that no responses had been received.
The bench criticized the lack of communication, stating that the original verdict was designed specifically to assist young girls, particularly in remote regions, who drop out of education due to menstrual hygiene challenges. The court directed the Union to pursue the matter rigorously in writing with every administration.
Under previous court orders, authorities were instructed to identify schools lacking separate functional toilets for students, usable water connections, privacy, and accessibility. The Centre had previously reported that thousands of separate toilets with washing facilities had been built or were under construction in schools nationwide.
The initial legal petition sought the nationwide enforcement of the Centre's menstrual hygiene policy for girls in classes 6 through 12 across government and government-aided schools. The current directive reinforces that regional administrations must detail their implementation efforts before the bench reconvenes in December.