Expressing displeasure over states and Union Territories (UTs) failing to respond to the Centre on the implementation of its judgment declaring menstrual hygiene a facet of the fundamental right to life under Article 21 of the Constitution, the Supreme Court has warned of contempt action against the defaulting states and UTs.“If what we have said in the judgment is only going to remain on paper, how are the Union, states/UTs going to give effect to this fundamental right?” a Bench of Justice JB Pardiwala and Justice R Mahadevan said.The Bench warned that it would issue contempt notices to the chief secretaries of the states concerned if the necessary information was not furnished to the Centre.”On the next date of hearing, if we hear from the Union that some of the states/UTs have not responded, we shall proceed to issue contempt notice to the concerned chief secretary,” it said.Granting the states and UTs one last opportunity to comply with its directions, the Bench posted the matter for further hearing on December 14.The top court, which had earlier declared menstrual hygiene and menstrual health to be facets of Article 21 of the Constitution, which guarantees the protection of life and personal liberty, reminded the states and UTs of its September 1 directions. It had asked them to address the deficiencies highlighted by the court and submit a report on the steps taken by the next date of hearing.On January 30, the top court had declared that the right to life under Article 21 of the Constitution included the right to menstrual health.During the October 13 hearing, Additional Solicitor General Aishwarya Bhati, appearing on behalf of the Centre, told the Bench that the Union government had taken up the issue very seriously with all states and UTs and asked them to report on how the judgment was being implemented.”Unfortunately, the states/UTs have not responded to the Union so far. We fail to understand that once the Union calls for the necessary information, why the states/UTs do not respond,” the Bench noted.”We are sure that the Union and the states/UTs have realised the importance of the judgment that we delivered, declaring menstrual hygiene as a part of the fundamental right,” it said.The Bench said its verdict was in the interest of young girls who were dropping out of school, particularly in remote parts of the country, because of issues related to menstrual hygiene.”We direct the Union to take up this issue very seriously with each state/UT and call for the necessary information in writing as to what steps they have taken so far for giving effect to the judgment delivered by this court,” it said.


