The Supreme Court recently expressed displeasure at a Kerala government regulation that imposes an additional fee for the disposal of sanitary waste, mentioning that the state’s stance comes as a contradiction to the court’s consistent advocacy for menstrual hygiene and accessibility to sanitary products.
A bench of Justice Surya Kant and Justice KV Viswanathan pointed out that on one hand, the court have been issuing directions for ensuring menstrual hygiene by providing sanitary napkins in schools and other institutions, and on the other hand, Kerala is charging for the disposal of sanitary waste. Subsequently, the bench asked the state government to justify its decision to impose additional fees for the disposal of sanitary waste.
The Supreme Court was hearing a public interest litigation (PIL) moved by Indu Varma, who pressed for a stay on the southern state’s regulation that allows an additional fee to be collected from residents for disposing of used sanitary pads and diapers.
Appearing in person, the petitioner argued that 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? Indu Varma added that her petition has also challenged the validity of the provision levying user fees for waste collection, mentioning that there must be a definition of such levy and regulations to limit it. Notably, Kochi was specifically cited during the hearing as one of the cities in Kerala where the additional charge was levied.
The bench agreed with the petitioner, raising concerns about the possible impact of the additional fee for the disposal of sanitary waste on menstrual hygiene practices and access to essential sanitation facilities. The petitioner also told the court that she has made all states and Union Territories to the plea. Subsequently, the court said that it would issue comprehensive directions for all states to follow.
Earlier in a separate proceedings, the Supreme Court has stressed on the need for proactive measures to address menstrual health challenges and ensure the well-being of women and girls while imploring governments to align their policies accordingly.