Delhi HC issues notice in PIL for removing 12% GST on Sanitary Napkins

The Delhi High Court today issued notice in a PIL seeking to quash the imposition of 12% GST on Sanitary Napkins, and declaring the same to be liable to a ‘nil’ rate or a reduced rate of tax..The Division Bench of Acting Chief Justice Gita Mittal and C Hari Shankar today issued notice in the PIL filed by Zarmina Israr Khan..The petitioner is a Ph.D. scholar in African studies at the Jawaharlal Nehru University, Delhi and claims to have filed the petition for the benefit of women in general and particularly those belonging to the lower economic strata of society. The petition has been filed through advocates Amit and Swaroop George..Khan’s petition states that the imposition of such a high rate of tax on sanitary napkins is patently discriminatory and amounts to illegal treatment being meted out to the women of India..“Imposition of this high rate of tax, which is ex-facie unconstitutional, illegal and arbitrary, has witnessed strong dissent and calls for corrective action from individuals and organizations across the country.” .It is contended that approximately 88% of menstruating women in India have no access to sanitary napkins and a majority of these women utilize alternatives such as old rags, husks, dried leaves or newspapers in place of sanitary napkins, which amounts to risking their health and leads to reproductive diseases..“These materials predispose women to reproductive tract infections and have the potential to severely compromise their health.”.The petition mentions that it is shocking that the government has grouped sanitary napkins with toys, leather goods, roasted coffee, mobile phones and processed foods amongst others for the purpose of taxation,.“Classification of an essential and critical sanitation product with goods non- essential to survival, reflect the extent of the gender-inclusive priorities, or the lack thereof, of the State.” .Finally, praying for directions to either quash or reduce the levy of 12% GST, the petition submits that in the 21st century, the right to access and use sanitary napkins is a fundamental human and Constitutional right for all women..“The impugned levy violates the inviolable and fundamental right to life and right to live with human dignity enshrined in Article 21 of the Constitution.”.Just yesterday, the same Bench of the High Court had issued notice in a PIL seeking the formulation of a National Level Policy to establish a mechanism to provide education, sensitization and ensure availability of menstrual hygiene products to adolescent girl students..Read the petition: