Supreme Court pulls up states over menstrual hygiene compliance, flags gaps in Jharkhand and Bihar
THE JHARKHAND STORY NETWORK New Delhi, September 16: The Supreme Court has expressed dissatisfaction with the manner in which States and Union…
THE JHARKHAND STORY NETWORK
New Delhi, September 16: The Supreme Court has expressed dissatisfaction with the manner in which States and Union Territories have reported compliance with its directions on menstrual hygiene facilities in schools, observing that some responses appeared to be mere formalities and did not accurately reflect the situation on the ground.
A bench of Justice JB Pardiwala and Justice R Mahadevan, while monitoring compliance with its judgment in Jaya Thakur v. Government of India & Ors., 2026, examined the affidavit filed by the Union of India and observed that although substantial progress had been made, much more needed to be done to make the right to menstrual health meaningful.
The Court’s observations are significant for Jharkhand and Bihar, which were among the States where discrepancies were found in data relating to menstrual waste-disposal systems.
Supreme Court questions compliance reports
The Supreme Court had earlier directed pan-India implementation of the Union government’s Menstrual Hygiene Policy for School-going Girls in schools for adolescent girls studying in Classes 6 to 12.
The directions require all government and private schools in urban and rural areas to provide functional gender-segregated toilets with usable water connectivity, accessible and private toilet facilities, functional washing facilities with soap and water, free sanitary napkins and menstrual hygiene management (MHM) corners.
During the latest hearing on September 1, 2026, the bench examined reports submitted by the States, Union Territories and the Union government regarding further compliance with its directions.
According to the Union government’s affidavit, of the 39,439 girls’ toilets identified as remaining to be made functional, 30,458 had been constructed, 4,236 were under construction, and 4,745 remained as a gap.
The Union also reported an expansion of handwashing facilities, sanitary napkin distribution, MHM corners, vending machines and waste-disposal mechanisms. Several States and UTs were reported to have achieved complete or near-complete coverage of various facilities.
However, the Court said that merely submitting numerical figures was insufficient.
“We are discontent with the manner in which compliance is reported. The response by some States exhibit non-application of mind or rather mere formality,” the Court observed, noting that some States had indicated compliance through statistics or simple yes/no responses even where a more detailed response was required.
Discrepancies found in State data
The Court pointed to several inconsistencies in the compliance data submitted by States.
Several States claimed saturation of toilet facilities even though the number of toilets accessible to children with special needs was lower than the total number of schools. The Court also noted discrepancies in handwashing data submitted by Assam and questioned Tamil Nadu’s claim of saturation despite having fewer schools with gender-segregated toilets than its total school strength.
The bench also questioned claims of full coverage of sanitary-napkin vending machines and provision in Karnataka, Jammu & Kashmir, Odisha and Arunachal Pradesh, where the reported numbers were lower than the total number of schools.
Discrepancies were also found in waste-disposal data submitted by Bihar, Gujarat, Delhi, Jharkhand, Rajasthan and Uttar Pradesh, while the Punjab report was found to be illegible.
The Court stressed that authorities must pay particular attention to children with special needs.
“The States/UTs shall not be lethargic in implementing the changes meant for children with special needs. The authorities shall be more vigilant towards such children,” the bench observed, adding that the Union and State governments must work jointly to make the right to menstrual health more meaningful.
States told to report gaps, not just achievements
The Court has now changed the manner in which States and UTs are required to report compliance.
Instead of merely listing facilities that have already been provided, future reports must identify the number of schools still lacking functional gender-segregated toilets, the availability of usable water connectivity, accessibility and privacy, availability of menstrual absorbents and functioning of waste-disposal systems.
States and UTs must also specify the reasons for each identified gap and the time required to bridge it.
“The responses shall now reflect the gaps instead of what has already been achieved,” the Court said, directing States and UTs to focus on schools that still lack functional gender-segregated toilets, usable water connectivity, accessibility and privacy.
Surprise inspections ordered across districts
The Supreme Court has also strengthened the monitoring mechanism at the district level.
The Court noted that its earlier judgment required District Education Officers (DEOs) to conduct periodic inspections of school infrastructure, including toilets, washing facilities, menstrual absorbents, sanitary waste-disposal arrangements and awareness measures. The inspections were also required to obtain anonymous feedback from students.
The bench has now directed DEOs to form teams of teachers to conduct surprise inspections of all schools within their respective districts.
The inspections will examine compliance with the directions issued in the main judgment, while States and UTs have also been directed to place on record the findings of these inspections and feedback received from students.
“We are directing a change in the manner of collection of data and reflection of responses thereto for the next cycle. To get a better understanding of the situation on ground, the District Education Officer shall form teams of teachers to conduct surprise inspections across districts for all the schools within its jurisdiction,” the Court said.
Sanitary napkin requirement changed to biodegradable and compostable products
In another significant direction, the Supreme Court has changed the requirement concerning the composition of sanitary napkins provided in schools, citing concerns over menstrual waste and its environmental impact.
The earlier requirement for “oxo-biodegradable sanitary napkins manufactured in compliance with the ASTM D-6954 standards” will now be read as requiring “biodegradable, biocompatible and compostable sanitary napkins in compliance with ISO 17088 read with IS 5405 standards.”
The Court said biodegradable sanitary napkins would address concerns relating both to potentially harmful chemicals and the environmental burden of menstrual waste.
The bench also said States should gradually move towards more eco-friendly and scientifically validated menstrual absorbents, including biodegradable sanitary napkins, cloth-based or reusable sanitary napkins, menstrual cups and period panties.
The matter has been listed next for September 29, 2026.
