SC disapproves of Kerala’s extra levy on disposal of sanitary pads
- In Reports
- 12:29 PM, May 07, 2024
- Myind Staff
On Monday, the Supreme Court expressed dissatisfaction with a Kerala government regulation imposing an extra fee for the disposal of sanitary waste. The court lamented that this stance by the state contradicts the court’s consistent advocacy for menstrual hygiene and the accessibility of sanitary products.
“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,” a bench of justices Surya Kant and KV Viswanathan asked the state government.
During the court session, a public interest litigation (PIL) filed by Indu Varma was being heard. Varma urged for a halt on the regulation in Kerala allowing an additional fee to be levied on residents for the disposal of used sanitary pads and diapers.
“How can [the] state allow an extra charge from the residents on the collection of sanitary waste when no such provision exists in the solid waste management rules? People have been asked to pay extra for the collection of sanitary napkins, baby and adult diapers by the agencies assigned by the department concerned,” Varma, appearing in person, argued.
Varma further stated that her petition also questions the legitimacy of the provision imposing user fees for waste collection, insisting that there should be a clear definition of such levies and regulations to restrict them. Kochi was specifically cited during the hearing as one of the cities in Kerala where the additional charge was levied.
In response, the bench concurred with Varma, expressing concerns about the potential repercussions of the additional fee for sanitary waste disposal on menstrual hygiene practices and the accessibility of crucial sanitation facilities.
It asked the state government: “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.”
Informed by Varma that she has made all states and Union territories parties to the petition, the court said that it would issue “comprehensive directions” for all states to follow.
In separate proceedings, the Supreme Court has underscored the necessity for proactive measures to tackle menstrual health challenges and safeguard the well-being of women and girls. The court urged governments to align their policies accordingly to address these issues effectively.
During a hearing on a Public Interest Litigation (PIL) advocating for the provision of free sanitary napkins to girls in classes 6 to 12 in government, aided, and residential schools as well as pre-university colleges nationwide, the Supreme Court stressed the importance of national guidelines for menstrual hygiene management.
In a November ruling, the central government was instructed to finalise a policy regarding the availability of low-cost sanitary pads, vending machines, and their safe disposal in educational institutions. The Centre supported the petition, expressing its commitment to improving menstrual hygiene among young and adolescent girls. It highlighted that over 97% of government schools have separate restrooms for girls and states are providing affordable sanitary napkins through financial assistance under the National Health Mission. This case is scheduled for a further hearing later this month.
Image source: ANI
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