D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) No. 5909/2017
1. This Public Interest Litigation (PIL) has been preferred with the following prayers:-
"A. Issue writ of Mandamus or any other appropriate writ, order or direction in the nature thereof, directing the Respondent no. 1 to 3 to establish a mechanism to provide education, sensitization on Mensuration and Menstrual hygiene and to further ensure availability of menstrual hygiene products to adolescent girls in schools free of cost or at subsidized rates;
B. Issue writ of Mandamus or any other appropriate writ, order or direction in the nature thereof, directing Respondents No. 4-9 to ensure all co-education & girl Schools (Government, Private-Aided and Unaided) provide education, sensitization on Mensuration and Menstrual hygiene and to further ensure availability of menstrual hygiene products to adolescent girls in schools free of cost or at subsidized rates;
C. Issue writ of Mandamus or any other appropriate writ, order or direction in the nature thereof, directing Respondents No. 4-9 to establish a mechanism to provide education to all adolescent girls aged between 11-14 years (or upto students of Grade XII) about menstrual hygiene & safeguards and access to trained female school teacher/health Counsellor in the School premises on a weekly or monthly basis for imparting education about menstrual health;
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D. Any other or further order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice be passed/issued in favour of the Petitioner."
2. Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that the present petition has been preferred mainly for issuance of directions to the respondents to generate awareness about Mensuration and Menstrual hygiene, among girl students especially the adolescent female students in the schools run by the respondents and provide them sanitary napkins either free of cost or at subsidized rates.
3. Looking to the counter affidavits and reports filed by the respondents, it appears that the Delhi Government has floated a scheme on 3rdApril, 2019, namely, "UDAAN", especially meant for non-school going adolescent girls for providing sanatory napkins by Accredited Social Health Activists (ASHA's) at a subsidized rate of ₹6/-.
4. Moreover, it appears that since its inception, the benefits of the aforesaid scheme have been availed by more than 45,000 non-school going adolescent girls on a monthly basis. The Government has purchased 14.4 lacs sanitary napkins, as mentioned in our order dated 13th August, 2019 and by now, figures must have increased substantially.
5. The details of the schools meant for girl students and toilets provided exclusively for them are mentioned in paragraph 3(b) of the affidavit dated 5thDecember, 2019 filed by the respondent nos. 4 and 5, which reads as under:
"3(b).
Sr. Particulars Response of
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| No. |
|
Directorate of Education |
| i |
Total number of schools under the GNCT of Delhi |
1026 |
| ii |
Total number of schools exclusively for girls |
429 |
| iii |
Total number of co-educational schools |
361 |
|
Total number of Girls & Co- educational schools under the GNCT of Delhi |
(429+361)=790 |
| iv |
Total number of toilets exclusively for girls students, in co- educational schools |
5682 |
6. It further appears from the aforesaid counter affidavit filed by respondent nos. 4 and 5 that the respondents have also issued a necessary circular for generating awareness about the Mensuration and Menstrual hygiene among adolescent girls. This circular has been issued by the Education Department of GNCTD on 4thDecember, 2019, which reads as under:
"CIRCULAR
At times, due to lack of awareness about menstrual hygiene, girls succumb to various infections. Further, they also have many myths in their mind regarding menstruation. All EVGCs (Regular/Guest) are hereby directed to give assembly talk/class talk to girl students the Girls'
schools of DoE. In Co ed schools, this awareness should be imparted to girls in groups. This talk has to be given in
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their school of posting as well as in cluster schools attached with their school of posting. The following points must be covered during the talk -
What is Menstruation & Why hygiene is important during this period?
How can one keep oneself clean & proper use of sanitary pad?
For how long should a single sanitary pad be worn?
If using cloth, how should it be kept clean?
How to carry a sanitary pad to school?
How should a sanitary pad be disposed?
Is it ok to have bath during these days?
Is playing games and going outdoors safe during this period?
Is it all right to go kitchen and cook during these days?
What should be done if having abdominal pain?" Compliance Report regarding the same may be sent to the Counsellor in charge of the District by 26th December, 2019 on the format given in Annexure I. The CIC of the District will compile & submit the report in EVG Bureau by 31st December, 2019."
7. Thus, it appears that the respondents have taken enough and adequate steps for sensitizing the adolescent girls about Mensuration and Menstrual hygiene, awareness programs are also being conducted at regular intervals. Now, there is proper interaction being held with the girl students regarding the same.
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8. Relevant paragraphs of the affidavit dated 15thOctober, 2019 filed by the respondent no. 8/South Delhi Municipal Corporation on the issue in question, reads as under:
"4. That it is submitted that under the South Delhi Municipal Corporation there are 581 Primary Schools, from Classes Pre-Nursery to Standard 5. The average age group of the children studying in the MCD Schools is 3 years to 11 years.
9. That the total number of toilets in the SDMC Primary Schools are as follows:-
i. For Girls - 3819
ii. For Boys-3203 Besides this, 126 toilet sheets & 26 new urinals are under construction.
11. That the Teachers and Principals of SDMC schools have already been imparted training and are further imparted intermittently training and education regarding sanitization and menstrual hygiene. Thus, the Principal/Teachers of the respective schools are trained and they impart such education to girl children with personal interaction on one to one basis to girls who are already in the menstrual age."
9. In view of the aforesaid affidavit of respondent no. 8/South Delhi Municipal Corporation, it appears that adequate number of toilets, especially for female students, have been constructed. It is mentioned in the said affidavit that there are 3819 toilets for the use of female students. Additionally, few hundreds are under-construction also. As stated in paragraph 11 of the counter affidavit, the training programs along with imparting education to girls in Menstrual age are regularly undertaken.
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The South Delhi Municipal Corporation has also mentioned about the action plan for distributing free sanitary napkins.
10. Similarly, counsel appearing for the respondent nos. 1 to 3 has submitted that education is basically a subject under the State list. It is further submitted by the counsel for respondent nos. 1 to 3 that their role is to provide necessary and adequate financial assistance, which they are providing to the concerned departments for further percolation to the adolescent girls.
11. We have also heard counsel appearing for the respondent no. 7 North Delhi Municipal Corporation, who has submitted that a detailed status report dated 10thJanuary, 2018 has been filed before this Court and they are also providing free of charge sanitary napkins to the girls students, who are in need. Moreover, awareness programs are also being conducted regularly by them.
12. In view of the aforesaid steps already taken by the respondents and looking to the facts, we observe that:
(a) respondents are providing sanitary napkins free of charge to the adolescent female students, also
(b) respondents have issued necessary circulars and implementation of the said circular is also going on at the behest of the respondent authorities, also
(c) respondents have been conducting awareness programmes for female students.
13. Hence, we see no reason to further monitor this case. We expect from the respondents that they shall continue to provide sanitary napkins, free of charge/on subsidized rates, to the girls, who are in need of the same and also continue conducting awareness programs on regular
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intervals. The scheme, floated by the respondents as stated hereinabove, like "UDAAN" and such other schemes, which are referred to, in our earlier order, dated 13thAugust, 2019, shall be continued in future also and if such schemes are required to be replaced, the same shall be replaced with better schemes for the girls.
14. With these observations, this writ petition is hereby disposed of.
CM No. 43147/2018
In view of the order passed in this writ petition, this application stands disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
DECEMBER 06, 2019
r.bararia
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