Does the executive think the judiciary is a little kid? Bombay High Court

The Bombay High Court on Monday came down heavily on the State of Maharashtra for not having taken effective and adequate measures to maintain clean and hygienic toilets in government schools [Nikita Narayan Gore v. Union of India].Through an affidavit, petitioner and law student Nikita Gore had brought on record the results of a survey conducted by her which showcased the unclean and unhygienic state of affairs in washrooms and toilets for girls in government-aided schools.Gore conducted the survey in schools located in 16 towns of 7 districts across the State of Maharashtra..Additional Government Pleader BV Samant informed the Bench that after receiving such affidavit, the officers had taken immediate action and got those toilets cleaned.The officers also came up with remedial measures which were highlighted in a report which the government decided to implement across the State. The report submitted today was only for seven schools..The document dated July 24 was handed over to the Bench of Chief Justice Dipankar Datta and Justice MS Karnik today. However, the belated action did not sit well with CJ Datta.“What does the executive think of us? Are we like little kids that you can give lollipop and we will calm down?” the CJ retorted..He asked for Advocate Abhinav Chandrachud, appearing for the petitioner, to give a permanent suggestion.“We are sceptical this position will remain. It (the situation of toilets) will change within a month, and then things will go back to the way they were,” the Court said.Chandrachud was of the view that Parent Teacher Associations should be involved in issues related to girl children in schools for long lasting remedies.The Bench, however, deemed it fit to involve the Maharashtra District Legal Services Authority (MDLSA) for supervising the conditions.“What we propose to do is, direct all DLSAs to place surprise inspection in 15 such schools in each district falling within the principal seat and place their report before us. We will start with districts (11 districts in all) within the jurisdiction of principal seat,” CJ Datta ordered.He posted the matter for consideration in the week after August 15..The petitioner had arrived at the following conclusions based on the survey:No proper steps have been taken by government for proper and effective menstrual hygiene management for the school girls;No 24 hour water supply required for clean toilets and adequate supplies of sanitary napkins in vending machines;No proper facilities to dispose of used sanitary napkins leading to contamination, which could result in breeding of pests and bacteria;No monitoring of data by the schools on the hygiene management.The public interest litigation filed in 2020 by Gore along with Vaishnavi Gholave sought for directions to the authorities:-To recognize sanitary napkins as essential commodity; andTo implement the Menstrual Hygiene Management National Guidelines, 2015.In response, the Ministry of Health and Family Welfare (MoHFW) expressed its willingness to include sanitary napkins under essential commodities.However, it added that the same can only be done after following due procedure, which included assessment of the market scenario, quality and costing of the product, as well as preferences of the purchasers..Chandrachud appeared along with Advocate Vinod Sangvikar. Government pleaders PP Kakade along with Samant appeared for the State..[Read order]