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Suo-motu Contempt Petition No. 2005 of 2024 againstWP (MD) No.18605 of 2016THE HON’BLE ACTING CHIEF JUSTICE andP.B. BALAJI, J.(Order of the Court was made by Hon’ble Acting Chief Justice)A writ petition in WP (MD) No.18605 of 2016 has been filed before the Madurai Bench of Madras High Court by the Women Advocates Association, Madras High Court, Madurai Bench, represented by its General Secretary, J.Anandavalli, Advocate, seeking for a direction to the respondents therein to implement the scheme of installing “Napkin Vending Machines” and constructing “Masonry Choolas” or “Incinerators” for safe disposal of the used napkins at all Government Schools, to ensure menstrual hygiene to the school going girl students in the State and to utilize the funds allocated for the same and lying idle in the accounts of Tamil Nadu Corporation for Development of Women.

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Suo-motu Contempt Petition No. 2005 of 2024 against
WP (MD) No.18605 of 2016
THE HON’BLE ACTING CHIEF JUSTICE and
P.B. BALAJI, J.
(Order of the Court was made by Hon’ble Acting Chief Justice)
A writ petition in WP (MD) No.18605 of 2016 has been filed before the Madurai Bench of Madras High Court by the Women Advocates Association, Madras High Court, Madurai Bench, represented by its General Secretary, J.Anandavalli, Advocate, seeking for a direction to the respondents therein to implement the scheme of installing “Napkin Vending Machines” and constructing “Masonry Choolas” or “Incinerators” for safe disposal of the used napkins at all Government Schools, to ensure menstrual hygiene to the school going girl students in the State and to utilize the funds allocated for the same and lying idle in the accounts of Tamil Nadu Corporation for Development of Women.

  1. By order dated 25.11.2016, a Division Bench of the Madurai Bench of Madras High Court, has disposed of the said writ petition with certain directions. The relevant portion of the order is extracted hereunder:
    ”8. It is further contented that the Health Department, considering the apathy of women, particularly, school going girls and after having a thorough study, has decide to provide sanitary napkins to the school going children and also to built “Masonry Choolas” for the safe disposal of used napkins. The Government of Tamil Nadu has allotted Rs.8.45 crores for the purpose of installing Napkin Wending Machines and for the purpose of constructing Masonry
    Choolas/erecting incinerators. In the above said scheme, the funds were alloted to the District Collectors, as they were the Implementing Agency, namely, Rural Development and Panchayat Raj Department. As per the above said scheme, each and every school should be provided with Sanitary Napkin Vending Machines and Masonry Choolas for safe disposal of the same.
    9.The petitioner has further made a reference to the news report published in the Hindu Newspaper, dated 05.09.2016, wherein it was reported that the money sanctioned by the Government was not utilized by the authority concerned.
    …………….
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    27.So far as the disposal of the napkins are concerned, the Tamil Nadu Corporation for Development of Women Limited was alloted as sum of Rs.8.45 crores for construction of 3,200/- Masonry Choolas and installation of 3,200 Napking Vending Machines as a first phase for the year 2015-2016. The Principal Secretary has further highlighted as to what are all the steps, which have been taken to rectify the defects noted down by the Advocate Commissioner.
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  2. Thus, the Hon’ble Supreme Court has already issued a direction impressing upon the State Government to provide adequate toilet facilities for the students proportionate to the students strength both boys and girls. As we have already pointed out, the Division Bench presided over by the Hon’ble The Chief Justice, by order dated 14.11.2014, issued a direction, in tune with the direction issued by the Hon’ble Supreme Court. Despite these directions, one by the Hon’ble Supreme Court and the other by this Court, it seems that the respondents have not provided that toilet facilities to meet the demand. Insofar as the Scavengers are concerned, the counter affidavit filed would go to show that there are no scavengers available in all the schools. So far as the Napkin Vending Machines are concerned, though it is stated that in many schools, Napkin Vending Machines are installed, the same are not functioning. Similarly, Night Watchmen are to be appointed so that anti-social elements do not have access during night hours to the school building to abuse the same. For safety purpose, the schools should be maintained with compound walls. It is reported that, during night hours house-breaking had occurred in many schools and some valuable items were stolen away. Therefore, the posts of Night Watchman should be sanctioned and filled up. Likewise, the schools should not be allowed to run without Headmasters/Headmistress. It is reported that there are number of schools, where there are no posts of Headmistress. We are also informed that due to some litigation, the posts of Headmasters could not be filled up. We only expect that the Government shall take steps to end the litigations and ensure that there are no schools run without Headmasters.
    32…………….
    32 (iv) Napkins: Wherever possible Napkin
    Vending Machines shall be installed in all
    Government Girls and Co-Education High Schools and Higher Secondary Schools and wherever it is not possible, the teachers (women) shall supply the same to the girl students. The quality of the Napkins should be ensured. (This shall be immediately implemented).
    32(v) Choolas: Before the end of this
    Academic year, all Government Girls and CoEducation High Schools and Higher Secondary Schools shall be provided with at least one Choola and it should be operational.
    33.The Secretary to Government, School Education Department, shall submit the first compliance report during the first weeks of November 2017, the second report during the first week of November 2018 and the final report during November 2019.”
  3. A news item published today in the Tamil daily “Thina Thanthi” under the caption “In Government Schools and Colleges, the sanitary napkin machines are being kept only as showpieces” highlights the continued non-implementation of crucial directives issued by this Court in the year 2016. This raises concerns about the negligence towards menstrual hygiene facilities in schools, despite the specific instructions issued by this
    Court eight years ago.
  4. In light of this, we believe that the order of this Court in W.P.(MD) No. 18605 of 2016 dated 25.11.2016 has not been complied with by the respondent department. In the said order, directions were clear, yet no effective action has been taken in this regard by the respondent-department since 2016. This delay on the part of the respondent-department in implementing the measures for the welfare of school girls is unacceptable.
  5. Therefore, we initiate suo-motu contempt proceedings against the respondent- department for their failure to comply with the directions issued
    by this Court W.P.(MD) No. 18605 of 2016 dated 25.11.2016. Mr. Neelagandan, learned Additional Advocate General, who is present before this Court, is directed to obtain necessary instructions from the respondent department and file a report on the next date of hearing.
  6. The Registry is directed to number this suo motu contempt and list the matter on 12.09.2024.
    (D.K.K., ACJ.) (P.B.B., J.)
    05.09.2024 mrn THE HON’BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.
    mrn

Suo-motu Cont.Petition No.2005 of 2024 against WP (MD) No.18605 of 2016
05.09.2024

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