Central government and its agencies are not the implementing bodies for schemes relating to menstrual hygiene and it is for the states to implement the existing policies, the Centre told the Supreme Court [Dr Jaya Thakur vs Union of India].
The reply filed on Wednesday states that since public health is a state subject, it is the responsibility of the state governments to provide public health resources.
"That at the outset it is submitted that public health is a state subject and the responsibility of providing healthcare services is that of respective state governments", it reads.
The submission was made in a common affidavit filed by the Ministry of Health, Ministry of Education and Ministry of Jal Shakti in response to a plea seeking free sanitary napkins for adolescent girls in every school as well as separate girls' washrooms in all government, aided and residential schools.
However, the Centre also made it clear that it is committed to providing menstrual hygiene resources to young and adolescent girls.
"It is submitted that the Union of India is dedicated to improving access to menstrual hygiene for young and adolescent girls and to this end has not only undertaken awareness and training programmes but has also undertaken programmes to make necessary resources available and accessible to girls across the country."
The affidavit states that the Centre has had schemes for promotion of menstrual hygiene among adolescent girls in the ages of 10 to 19 years since 2011. It goes on to shed light on such schemes at length.
It also clarifies that the government has approved more than ₹197 crore for the year 2022-23 to states for implementing menstrual hygiene policies.
Further, the court has been informed that starting from 2015-16, procurement of sanitary napkins is being supported by the National Health Mission through State Programme Implementation Plans (PIP) based on proposals received by the states.
The court had previously requested Additional Solicitor General Aishwarya Bhati to assist it in the matter, given the importance of the issue raised.
The plea filed through Advocate Varinder Kumar Sharma states that inadequate Menstrual Hygiene Management options are a major barrier to education, with many girls dropping out of school due to lack of access to sanitation facilities, menstrual products and the stigma associated with menstruation.
The difficulties these girls face have been compounded by the fact that several educational institutions lack basic toilet facilities, the plea also said.