Delhi High Court
Setu Niket vs Union Of India And Ors on 6 December, 2019
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 6th December, 2019
+ W.P.(C) 5909/2017
SETU NIKET ..... Petitioner
Through: Ms. Jyoti Kataria Bajaj, Ms. Esha
Mazumdar and Ms. Harini
Raghupathy, Advs. with petitioner
in person
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Dev P. Bhardwaj, CGSC with
Ms. Amibha Bhardwaj, Mr. Jatin
Teotia and Mr. Abhishek Yadav,
Advs. for respondent nos. 1 to 3
Mr. Sanjoy Ghose, ASC with Ms.
Urvi Mohan and Mr. Rhishabh
Jetley, Advs. for GNCTD
Ms. Monika Arora, SC with Mr.
Harsh Ahuja and Mr. Kushal
Kumar, Advs. for respondent no. 7
Ms. Mini Pushkarna, SC with Ms.
Swagata Bhuyan and Ms. Shiva
Pandey, Advs. for respondent no. 8
Mr. Anil Grover, SC with Mr.
Mishal Vij, Adv. for New DMC
Mr. Kumar Vikram, Adv. for
respondent no. 9
Mrs. Archana Gaur, OSD (Lit.)
School Branch
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 06.12.2019
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;
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 3rd April, 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 5th December, 2019 filed by the respondent nos. 4 and 5,
which reads as under:
"3(b).
Sr. Particulars Response of
No. Directorate of
Education
i Total number of schools under the 1026
GNCT of Delhi
ii Total number of schools 429
exclusively for girls
schools
Total number of Girls & Co- (429+361)=790
educational schools under the
GNCT of Delhi
iv Total number of toilets exclusively 5682
for girls students, in co-
educational schools
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 4th December, 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
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 26 th
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.
8. Relevant paragraphs of the affidavit dated 15th October, 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.
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 10th January, 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
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 13th August, 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
