SC Raises Concerns Over Kerala Govt's Extra Fee For Sanitary Waste Disposal

The Supreme Court has expressed its disapproval of a regulation imposed by the Kerala government, which mandates an additional fee for the disposal of sanitary waste. The court, known for its consistent advocacy for menstrual hygiene and accessibility to sanitary products, raised concerns over the contradiction presented by the state's stance.

Bench's Concerns and Queries

During the hearing of a public interest litigation (PIL) filed by Indu Varma, who contested the validity of the fees, a bench comprising justices Surya Kant and KV Viswanathan questioned the rationale behind such a regulation. They remarked, "On one hand, we have been issuing directions for ensuring menstrual hygiene by providing sanitary napkins in schools and other institutions, and on the other hand, the state is charging for the disposal of sanitary waste. How can it be? You justify this."

Varma, appearing in person, argued against the additional fee, highlighting that it was not in line with the solid waste management rules. She emphasized the impact of such charges on residents, particularly concerning the disposal of sanitary napkins, baby diapers, and adult diapers.

The bench, echoing Varma's concerns, expressed apprehensions about the adverse effects of the extra charge on menstrual hygiene practices and access to essential sanitation facilities. They questioned the state government, stating, "Why should you charge extra for sanitary waste? This will run contrary to the objective of our directions regarding menstrual hygiene. You will have to justify this."

In response to Varma's assertion that all states and Union territories were parties to the petition, the court announced its intention to issue comprehensive directions for all states to adhere to. In a separate proceeding, the court emphasized the importance of proactive measures to address these challenges and urged governments to align their policies accordingly.

Directive for Policy Implementation

While hearing a PIL for free sanitary napkins for girls in grades 6 to 12 in all government, aided, and residential schools, as well as pre-university colleges across the country, the court advocated for national guidelines on menstrual hygiene management. In November, the central government was directed to finalize a policy on the availability of low-cost sanitary pads, vending machines, and their safe disposal in educational institutions.

The Centre had supported the petition, claiming that it was committed to improving young and teenage girls' menstrual hygiene, with over 97% of government schools having separate facilities for girls and states offering affordable sanitary napkins through financial aid under the National Health Mission. The case is expected to be heard later this month.

Insights into Menstrual Health and Hygiene in India

India's commitment to menstrual hygiene is evident in various policy frameworks and initiatives aimed at promoting awareness, accessibility, and affordability of menstrual hygiene products. The National Health Mission's menstrual hygiene scheme, launched in 2011, marked a significant milestone in integrating menstrual health and hygiene (MHH) into public health discourse.

India has continued to perform well on this front. According to the fifth National Family Health Survey (2019-2021), almost 90% of women with 12 or more years of schooling utilized safe period products (locally prepared napkins, sanitary napkins, tampons, and menstrual cups) in 17 states and union territories. Since the previous round of the poll, 20% more women aged 15–24 years have employed hygienic methods during menstruation.

Different states in India have devised their own schemes to address menstrual health needs, with a primary focus on the distribution of sanitary napkins. Initiatives such as Maharashtra’s ‘Asmita Yojana’, Rajasthan’s ‘Udaan’, and Andhra Pradesh’s ‘Swechcha’ have been instrumental in increasing access to subsidized or free menstrual hygiene products, particularly among adolescent girls. Moreover, states like Kerala and Karnataka have previously  pioneered the distribution of menstrual cups as a sustainable alternative to sanitary napkins

Despite commendable progress, India faces multifaceted challenges in achieving menstrual health equity, rooted in deep-seated social taboos and systemic barriers. From menstrual segregation to eating, cooking, visiting places of worship, participating in social activities, and sleeping arrangements during menstrual days. In Maharashtra, a study conducted by researchers at the Tata Institute of Social Sciences in Mumbai discovered that the practice of segregating menstruating girls and women to 'kurmaghars', or "period huts" with no sanitation or other basic facilities, highlights the detrimental impact of menstrual stigma on women's sexual and reproductive health outcomes.

Women who work in informal settings (such as construction or domestic work) frequently lack access to restrooms, clean water for bathing, and cost-effective hygiene items, as well as safe disposal. They often lack the privacy to change their menstruation products. . The Supreme Court's reluctance to consider a PIL regarding menstrual leave reflects a broader reluctance to institutionalize supportive policies for menstruating individuals. While initiatives  like the ‘Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill’ represent positive steps, their limited implementation stresses the need for sustained advocacy and action.

Achieving menstrual health equity requires a holistic approach that recognizes the diverse needs and experiences of menstruators. Inclusive MHH initiatives must extend beyond traditional gender binaries to encompass the menstrual needs of transgender individuals, differently abled persons, and gender-nonconforming individuals. By centering intersectionality in MHH advocacy, India can ensure that no menstruator is left behind in the journey of menstrual health equity.