Patna High Court: The Division Bench of K. Vinod Chandran, C.J.* and Madhuresh Prasad, J. directed the State Government to frame guidelines by specifying the number of toilets and sanitary napkin dispenser machines that needed to be provided in proportion to the girl students admitted in each school in Bihar.
In the present case, a Public Interest Litigation was filed which projected the need to provide proper facilities for girls in the schools of Bihar, especially toilet facilities and facilities for disposal of sanitary napkins.
The Amicus Curiae submitted that that even now there were insufficient facilities and further pointed out that the number of toilets were grossly inadequate to cater to the number of girl students in each of the schools. It was also submitted that there were many non-functional toilets, and the determination of adequate facility could not go by sheer numbers.
The Court took note of the Affidavits that were filed and various data that had been placed on record and thus, opined that despite voluminous Affidavits had been filed, even now there was dearth of adequate facilities for the girl students admitted to the various schools in the State of Bihar. Thus, the Court further opined that the Government should frame guidelines specifying the ratio of toilets proportionate to the number of girl students admitted in each school and the requirement of sanitary napkin dispenser facilities.
Further, the Court opined that when guidelines were issued, the District Administration or the local bodies could be entrusted with the establishment of such facilities and its maintenance in a seamless manner. Such guidelines were to be framed and submitted to the Court within two months. The Court further opined that the Amicus Curiae could also be consulted as far as the drawing up of the guidelines by the Committee constituted as undertaken by the Advocate General was concerned.
The matter would next be listed on 15-5-2023.
[In The Matter of News Report Dated 10-4-2018 Published in Hindi News Daily Hindustan Patna Live, 2023 SCC OnLine Pat 1010, decided on 7-4-2023]
Advocates who appeared in this case :
For the Petitioner(s): Shambhu Sharan Singh and Archana Sinha, Amicus Curiae;
For the Respondent(s): P.K. Shahi, Advocate General; Anjani Kumar, AAG-4; Alok Kumar Rahi, A.C. to AAG-4; Sanjiv Kumar, Utkarsh Bhushan, Prasoon Sinha, Sandeep Kumar, Rana Vikram Singh, Advocates.
*Order by: Chief Justice K. Vinod Chandran