The Ministry of Health and Family Welfare (MoHFW) has told the Bombay High Court that the decision to include sanitary napkins under essential commodities may be taken after understanding the current market scenario, and the demand supply gap. It said the decision should also take into consideration the options of brands, quality, specification, costing and preferences available to the beneficiaries.
An affidavit stating this was filed on June 29 in response to a public interest litigation filed by a law student Nikita Gore and law research associate Vaishnavi Gholave, through advocate Vinod Sangvikar. They have sought implementation of “the Menstrual Hygiene Management National Guidelines, 2015” and to recognise sanitary napkins as an essential commodity, and to add it in the schedule of the Essential Commodity Act, 1955. The PIL states that since imposition of lockdown there is a complete negligence in providing sanitation facilities for menstruating women.
The affidavit filed by Dilip Kumar Sahu, under secretary, MoHFW, 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 fulfils the intent of the petition.”
The 64-page affidavit said, “The Ministry has been supporting the implementation of the Scheme for Promotion of Menstrual Hygiene among adolescent girls in the age group of 10-19 years as part of the Reproductive Child Health since 2011. Since 2015-16, the procurement of sanitary napkins is being supported by National Health Mission through State Programme Implementation Plan based on the proposals received from the States. The States and Union Territories have decentralised procurement of sanitary napkins through a competitive bidding process ensuring quality standards. A total of more than ₹128 crore has been approved to 20 States/ Union Territories for the scheme in the last 2 years. Maharashtra government has received approvals for the implementation of the scheme under the Mission.”