SC’s View on National Model for Menstrual Guidelines to Impact Church-Run Schools

By Isaac Gomes –

Kolkata: In light of the Supreme Court judgement on Monday, asking the Centre to prepare Standard Operating Procedures (SOPs) and formulate a national model to be adopted by all the states and Union Territories for managing menstrual hygiene for girls in all schools, including government and government-aided schools, all the churches and church-run school managements must revisit their toilet facilities.

The above stipulations of the Supreme Court on menstrual hygiene management equally apply to church-run schools, which reportedly constitute 25% of educational institutions in India.  As a result, the proportion of girl students in these schools (both only girls’ and co-educational) must be sizeable.  Nowadays, most schools are co-educational and therefore the authorities of church-run schools need to take adequate care to ensure separate girls’ toilets with all facilities, especially soap, running water, sanitary pad vending machines and safe disposal of sanitary pads.  Special facilities (handrails, ramps) must be provided for handicapped students.

The experience at these current facilities in the various churches and schools, is nauseous, to say the least. Some parishes have only one or two toilets, unclean, malfunctioning light, locked most of the time and the stench clearly proves lack of regular cleaning. Parish Pastoral Councils and Parish Finance Committees attach the lowest priority to this aspect of hygiene.  It’s time they adopted the latest hygiene practices (bio or smart-toilets, solar toilets). Readers may refer to the link: https://swachhindia.ndtv.com/with-low-cost-and-smart-bio-toilets-an-engineer-brings-change-to-rural-maharashtra-6826/

Terming the issue as of “immense importance”, a bench of Chief Justice D.Y. Chandrachud and Justices PS Narasimha and JB Pardiwala appointed secretary of Ministry of Health and Family Welfare (MoHFW) as the nodal officer to coordinate with all the states and UTs and collect relevant data for formulating a national policy.

“At the present stage, we are of the considered view that Centre should engage with all the stakeholders for implementation of the Uniform National Policy with a leeway for the states and UTs to modify the scheme as per their local needs”, the Bench said. It said bearing in mind the implementation of the scheme, all the states and UTs are directed to submit (1) their menstrual hygiene management strategies and (2) plans which are being executed either with the help of central government funds or their own, to the Mission Steering Group (MSG) of the National Health Mission (NHM).

The bench said, “All states and UTs are directed to notify the appropriate ratio of girls’ toilets for residential and non-residential schools in their respective territories”. It also added that all the states and UTs are directed to make provision for ensuring availability of quality low-cost sanitary pads and vending machines in schools.

“All states and UTs are further directed to ensure that disposal mechanisms are available for schools/school complexes having girls’ enrolment in upper-primary/ secondary/higher secondary classes for safe disposal of sanitary pads”, it said. The bench directed the Centre to file an updated status report by the end of July, 2023.

The Additional Solicitor General Ms Aishwarya Bhati, appearing for the Centre said there are several guidelines and schemes of different ministries dedicated to improve access to menstrual hygiene for young and adolescent girls but the responsibility of providing health care services lies with the respective state governments as public health is a state subject.

In an affidavit filed before the top court, the union health ministry said: “It is submitted that public health is a state subject and the responsibility of providing healthcare services is that of respective state governments. The Central government and its agencies are not the implementing bodies for schemes relating to menstrual health; and it is in fact the states and their agencies which are at the forefront of enforcement of the policies,” the ministry said.

The affidavit was filed in response to a PIL filed by Congress leader Jaya Thakur through advocate Varinder Kumar Sharma seeking issuance of directions for providing free sanitary pads to girls studying in classes 6 to 12 in government schools across the country.

The ministry stated that menstruation and menstrual practices are clouded by taboos and socio-cultural restrictions for women as well as adolescent girls in India. “Moreover, traditionally, there have been practices of using old clothes as pads by recycling them, use of ash or straw, which not affect menstrual hygiene but also have long term implications for reproductive health.

“The government is dedicated to increase awareness among adolescent girls on menstrual hygiene, build self-esteem and empower girls for better socialisation. The government is also working towards increasing access to and use of high quality sanitary napkins for girls in rural areas,” the ministry said.

Ms Thakur in her plea said serious difficulties are faced by adolescent females between the ages of 11 and 18 years who come from poor backgrounds. “These are adolescent females who are not equipped with and are also not educated by their parents about menstruation and menstrual hygiene. The deprived economic status and illiteracy leads to prevalence of unhygienic and unhealthy practices which has serious health consequences, increase obstinacy and leads to eventual dropping out from schools,” the plea said (Information source: Mangalore Today New Network/ NDTV 11.04.2023).

By the way, a total of 19.4% per cent of Indian households – urban and rural – do not use any toilet facility, a National Family Health Survey (NFHS) report released on 10th May 2022 said. The report revealed that in urban regions open defecation is practised in 6.1% of all households while that number shoots up to 25.9% for rural households. Among states and union territories, access to a toilet facility is lowest in Bihar (available only in 61.2% of households). Bihar is followed by Jharkhand (69.6% ) and Odisha (71.3%) – Source: The Hindustan Times 11.05.2022).

6 comments

  1. In one privately run school in Kolkata, the toilet facilities for students – especially for girl students are atrocious. There are very few toilets for female teachers, to hold nature’s call becomes very difficult. The school uses the name of a saint!

    In the local parish (the largest in Kolkata), the toilet facilities are abominable. The separation between male and female toilets are quite thin. In another very large parish on the Park Circus crossing, the toilets are most of the time closed. One has to search for the keys. By that time, whatever has to happen happens!

  2. Very informative article. It is true many of our parishes in India have no toilet facilities. This issue should be looked into by the respective parish.

  3. It’s good that sc had to force it for implementation. Girls would be comfortable now. Thanks Mr Gomes for the detailed information in this article

  4. There is one catch in the proposal to formulate a national model for managing menstrual hygiene for all school girls. Constitutionally Health being a state subject, whatever be the national policy on this matter, its implementation will be hugely dependent on the alacrity or apathy of the 29 states – until and unless the Centre earmarks a certain sum for each state to it accountable. For example, in the case POSHAN (midday meal for schools) Scheme, the West Bengal government over reported 160 million midday meals worth ₹100 crore between April and September 2022, a review committee of the central government said, finding significant discrepancies in the number of beneficiaries (Source: The Hindustan Times dated 12 April 2023). Link: https://www.hindustantimes.com/india-news/west-bengal-over-reported-160-million-midday-meals-worth-100-crore-between-april-and-september-2022-says-central-government-review-committee-101681238439176.html

    Hopefully the authorities of church-run schools will not invoke Article 30 and try to block this national hygiene model for girl students!

  5. Health is a state subject. Therefore, implementation of a national policy decision on Menstrual Hygiene may vary from state to state. Some states may implement the policies in the right earnest, whereas others may drag their feet and siphon of funds elsewhere.

    As per National Family Health Survey – 5, 59% of girls aged 15-19 are anemic and 31% of boys are anemic. One of the most common causes of anemia is deficiency of iron to meet the requirements of the body. It can be caused by low dietary intake of iron or when iron from the diet is not absorbed. In addition, deficiency of iron can also be caused due to loss of iron from the body, on account of chronic infections, malaria or worm infestation. Adolescent girls are at higher risk of such loss of iron due to menstruation.

    Anemia can be prevented by: (a) Eating timely and proper balanced diet (b) Taking iron and folic acid (IFA) tablets. The blue tablet is an IFA tablet which contains iron (60mg) and folic acid (500mcg). It is a “Nutrient Supplement” and not a medicine. (c) Maintaining good sanitation and hygiene (d) Taking de-worming tablets. One of the most important aspects of adolescent girl health is intake of Iron & Folic Acid tablets.

    The blue IFA tablets are provided free of cost in government, government-aided and municipal schools to all boys and girls of classes 6th to 12th. If one is not attending government schools, then these tablets can be obtained from the Anganwadi centres. One can also consult a doctor (nearest PHC) to get IFA tablets or to get a prescription to purchase it from the medical store (Chemist shop). Blood test can be done during ANM visit to Anganwadi center or visiting nearby PHC or CHC. For out-of-school girls, between 10–19 years of age, weekly IFA tablet is provided at the Anganwadi centres. I have come to know from several of my NGO friends working in Basanti, 24 Parganas South, West Bengal that school children are not being supplied regularly their intake of IFA tablets. Even after repeated complaints, there was no immediate redress.

    DOs
    • Take one blue IFA tablet on the designated day every week
    • Consume the IFA tablet in schools/AWC under the supervision of your teacher/AWW
    • It is important to take the tablet one hour after meal.
    • Swallow the whole tablet using portable drinking water
    • Always use footwear to avoid worm infestation

    DON’Ts
    • Don’t consume IFA supplements on an empty stomach
    • Don’t chew or break the tablet
    • Don’t swallow the tablet with milk
    • Avoid taking tea/coffee/milk before and after one hour of meal and also after taking
    IFA tablet, as it reduces the absorption of iron in the body.
    • If ill, don’t take the tablets

    All the above steps constitute an important part of Menstrual Health.

  6. Very well written! This is important and right of every person to have access to clean toilets be it at School Or Church and definitely menstrual health/hygiene will follow for the adolescent School girls to access.

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