Willing to make sanitary napkins ‘essential commodity’ but not without consulting all stakeholders: Centre to Bombay HC

The plea also sought from the authorities for effective implementation of the ‘Menstrual Hygiene Management National Guidelines, 2015’. (Representational)

The Centre, through Ministry of Health and Family Welfare (MoHFW), while showing its willingness to bring sanitary napkins under essential commodities, told the Bombay High Court that the decision may be taken only after following due procedure, which includes understanding market scenario and also keeping in mind quality, costing and preferences of the beneficiaries. The Ministry also said the decision can be taken after due consultation with the Consumer Affairs ministry ensuring involvement of all stakeholders.

The submissions come after the High Court on June 5 directed the central and state governments to respond within three weeks on a plea filed by law students seeking sanitary napkins to be made an essential commodity and supply of sanitary pads through the public distribution system (PDS) during the lockdown.

The Centre, through Under Secretary with MOHFW Dilip Kumar Sahu, submitted an affidavit that stated, “I most humbly submit that the decision to bring sanitary napkins under the essential commodities may be done after understanding the current market scenario, demand-supply gap, if any; also keeping in mind the various options of brands, quality, specification, costing and preferences of the beneficiaries.”

The affidavit further said, “The decision should be taken after due consultative process under the Ministry of Consumer Affairs ensuring involvement of all stakeholders and that there is no adverse effect on the beneficiaries and at the same time it fulfills the intent of the petitioner.”

The Centre said the petitioners have made a sweeping allegation that the government machineries were not working properly during the lockdown.

A Division Bench led by Chief Justice Dipankar Datta has been hearing through videoconference pleas filed by law students Nikita Gore and Vaishnavi Gholave through advocate Vinod Sangvikar, raising the “most neglected issue of women’s lifd” and seeking direction to the government to recognise sanitary napkin as an essential commodity by making changes to the Essential Commodity Act, 1955.

The plea also sought from the authorities for effective implementation of the ‘Menstrual Hygiene Management National Guidelines, 2015’.

To this, the Centre submitted that it has been implementing a programme for promotion of menstrual hygiene for girls between 10 and 19, and has been procuring sanitary napkins for the same. The states and union territories have decentralised procurement of sanitary napkins through a competitive bidding process ensuing quality standards, it added.

The Centre further submitted that nearly Rs. 128 crore funds in the last two years were approved for 20 states and union territories under National Health Mission for various purposes, including spreading awareness about menstrual hygiene, to make available quality sanitary napkins and their environment friendly disposal. The Maharashtra government has received approvals nof nearly Rs. 15.75 crore during the last three financial years, the reply stated.

On June 5, the court had asked the governments to file affidavits in reply to the plea within three weeks and granted two-week time to petitioners to file rejoinder to the responses by authorities. The court is likely to take up the case for further hearing next week.