File affidavit on steps taken on ground level for menstrual hygiene in govt schools: Bombay HC to state

To this, the bench asked if there was any change on ground due to such schemes as the survey conducted by District Legal Services Authorities (DLSAs) showed shocking condition of the school toilets.

The court was hearing a PIL by a law student that sought directives from the authorities for effective implementation of the Menstrual Hygiene Management National Guidelines, 2015.

After perusing a report by DLSAs, during an earlier hearing, the High Court had come down heavily on the Maharashtra education department for not ensuring sufficient clean toilets and effective menstrual hygiene management for girls in schools in both the urban and rural areas.
The court had said that it was painful to see the “sorry state of affairs” and questioned the government if it was powerless or waiting for some auspicious day to frame a detailed policy on the issue.

Additional Government Pleader Bhupesh V Samant told a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor that Aurangabad bench had taken suo motu PIL raising concerns over the bad conditions of the schools across the state being operated by the local authorities such as Zilla Parishad, Panchayat Samiti, Municipal Council, Municipal Corporation.

In July, this year, a bench of Justice Ravindra V Ghuge from Aurangabad ordered the formation of committee in each district of Maharashtra to deal with the “grim situation” of schools run by Zilla Parishad and civic bodies used for unethical, impermissible or offensive activities and keep a watch on them.

A Principal District Judge (PDJ) or his/her nominee will be the chairperson of the committee, which will have representatives from district administration and police.

However, CJ Upadhyaya questioned why the courts had to intervene in the said manner while it was expected from the government to perform its duties.

“Something which is expected from you (state) is being done by the Principal District Judge (PDJ), just to ensure that girl children studying there have better facilities. We do not feel very happy to pass such orders involving PDJs in such matters. Look at the condition, it is shocking,” the bench remarked

The bench asked the state government to respond before December 6 to reports filed by the DLSAs.

AGP Samant suggested that merely ordering the district judge or education officers to submit reports would not suffice and orders or observations related to channelisation of funds for cleanliness workers should be made.

The court said that it will pass orders once it peruses state affidavit and posted further hearing to December 6