PIL on lack of toilets for girls in govt schools to be heard by another bench: SC

The Supreme Court on Monday, August 17 directed that a PIL highlighting the alleged lack of functional sanitation facilities for girls in government schools be placed before a bench that had earlier issued a landmark judgment recognising menstrual health as a component of the fundamental right to life and education.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana took note of the submissions in the plea filed by Reepak Kansal against the Centre and other authorities, including various states and Union territories (UTs).

The CJI pointed out that the Supreme Court had already delivered a comprehensive judgment dealing with the issues raised in the plea, and asked the petitioner’s counsel to verify the earlier ruling and directions.

The counsel referred to a NITI Aayog report, which said more than 98,000 schools continue to lack functional washrooms for girls.

He said he would examine the directions issued by the court in its earlier judgment before pressing the present plea further.

The bench then observed that a detailed judgment had already been passed by a bench headed by Justice J B Pardiwala on January 30, and said it would be appropriate for the present PIL to be considered by the same bench.

“The issues raised in the present PIL are very important,” the bench said, directing that the matter be listed before the bench headed by Justice Pardiwala.

The January 30 judgment, delivered by Justices J B Pardiwala and R Mahadevan, had recognised the right to dignified menstrual health as part of the right to life and education guaranteed under the Constitution.

In a significant ruling aimed at promoting gender justice and educational equality, the top court had issued a series of directions to all states and UTs to ensure that every school, whether government-run, aided or privately managed, provides functional, gender-segregated toilets with usable water connectivity.

The court had also directed schools to provide free oxo-biodegradable sanitary napkins to girl students and establish menstrual hygiene management corners equipped with essential emergency supplies.

“A period should end a sentence, not a girl's education,” Justice Pardiwala had said while opening the judgment with a quote attributed to American educator and social activist Melissa Berton.

The court had held that the right to life under Article 21 encompasses the right to menstrual health, observing that access to safe, effective and affordable menstrual hygiene measures is essential for a girl child's dignity and participation in education.

It also held that the right to education under Article 21A cannot be meaningfully realised without conditions that enable children to attend and complete their education with dignity.

Among other directions, the court had ordered that school toilets be designed, constructed and maintained to ensure privacy and accessibility, including for children with disabilities.

It also mandated functional handwashing facilities with soap and water in schools.