DB appoints Advocates Deepika Mahajan, Saba Atiq as Amicus Curiae to assist court

Inadequate menstrual hygiene management
Excelsior Correspondent
JAMMU, Nov 23: In court on its own motion regarding inadequate menstrual hygiene management which is major barrier to education, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi has appointed Advocates Deepika Mahajan and Saba Atiq as Amicus Curiae to assist the court.
When the court on its own motion came up for hearing, a Division Bench observed, “considering the importance and nature of the issue involved, we request Senior AAG Monika Kohli to assist Senior AAG S S Nanda in the matter from the Government side”.
“We are also of the view that presence of Amicus Curiae would be desirable for which we appoint Advocate Deepika Mahajan and Advocate Saba Atiq as Amicus Curiae to assist the court”, the DB said, adding “Amicus Curiae as well as Senior AAG Monika Kohli may give suggestions as to measures which may be required to be taken to deal with the issue raised in the Public Interest Litigation”.
In its order dated December 8, 2020, a Division Bench of the High Court had mentioned: “We are concerned about a serious difficulty faced by adolescent females between the ages of 11 and 18 years coming from poor backgrounds facing the insurmountable difficulties in receiving education on account of lack of access to education, a constitutional right under the Right to Education Act, 2009”.
“These are adolescent females who are not equipped with and are also not educated by the parents about menstruation and menstrual hygiene. The deprived economic status and illiteracy leads to prevalence of unhygienic and unhealthy practices which have serious health consequences, increases obstinacy and leads to eventual dropping out from schools”, the DB had mentioned while seeking a report from the respondents about availability of affordable menstrual hygiene products to all adolescent girls, implementation of the national schemes, action plan for sensitization and education on the subject of menstruation and menstrual hygiene.
The DB had further directed that each head of the school should nominate a female teacher as nodal incharge for distribution of sanitary napkins among girl students free of cost. Moreover, the DB had asked the authorities to conduct an audit of every school in J&K and Ladakh with regard to availability of separate working toilets for girl students.
“The respondents shall place on affidavit an action plan regarding construction of hygiene and separate toilets inclusive of menstrual hygiene management features for girls in every school giving timelines within which the same shall be completed”, the DB had directed.