The Supreme Court expressed dissatisfaction on Monday over a Kerala government regulation that imposes an additional fee for disposing of sanitary waste. The Court criticized this move, noting that it contradicts its efforts to promote menstrual hygiene and ensure access to sanitary products. Justices Surya Kant and KV Viswanathan questioned the state government’s decision, highlighting the inconsistency between advocating for menstrual hygiene while charging for sanitary waste disposal.
The Court’s concerns arose during the hearing of a public interest litigation (PIL) filed by Indu Varma. Varma sought a stay on Kerala’s regulation allowing the collection of an extra fee from residents for disposing of used sanitary pads and diapers. She argued that sanitary waste is part of solid waste, and therefore, there should not be a separate charge for its disposal. Varma’s petition challenges the validity of the provision imposing user fees for waste collection and emphasizes the need for clear definitions and regulations to restrict such levies.
In response to Varma’s arguments, the bench agreed with her, expressing apprehension about the impact of the extra fee on menstrual hygiene practices and access to sanitation facilities. The Court questioned Kerala’s justification for imposing an additional charge for sanitary waste disposal, emphasizing the need to align with the objectives of promoting menstrual hygiene. The bench granted six weeks to the Union of India to submit a status report on the matter and allowed various state governments time to file their counter-affidavits.
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