Delhi HC unhappy over stopping of sanitary napkins distribution in schools

New Delhi: The Delhi High Court on Monday (May 23, 2022) expressed its dissatisfaction with the city government for discontinuing the distribution of sanitary napkins to girl students in government schools under Kishori Yojana.

A division bench headed by Acting Chief Justice Vipin Sanghi was hearing a Public Interest Litigation (PIL), in which it was stated that sanitary napkins in Delhi government schools are not being provided since January 2021, causing problems for girl students.

During the course of the hearing, the bench also comprising Justice Sachin Datta, asked the city government to evolve a policy to deal with a situation whenever an existing contract lapses its time or is terminated.

The government`s counsel, pointing out the cancellation of an earlier tender in relation to the distribution of sanitary napkins, said a fresh tender has been issued which is likely to be operational before the schools reopen after the summer vacation.

Petitioner Social Jurist, an NGO through Advocate Ashok Agarwal, submitted that the city government`s Directorate of Education had adopted the Kishori Yojana scheme under which girl students enrolled in its schools will be provided sanitary napkins to maintain personal hygiene and general health in addition to eliminating obstacles in their studies.

Praying for the restoration of the facility, the petitioner said it is critical for girl students` personal hygiene and overall health, as its absence has a negative impact on their study and attendance.

"DoE vide circulars directed heads of government and government-aided schools to distribute sanitary napkins to girl students," the plea read.

Not providing sanitary napkins to the girl students is irrational, unreasonable, arbitrary, and violative of the fundamental right to education of girl students as guaranteed under the Constitution, read with the provisions of the Right of Children to Free and Compulsory Education Act and the Delhi School Education Act, it stated.