Page No.# 1/8 GAHC020005982020 2026:GAU-NL:109 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : PIL/23/2020 BESUPRALU SWURO R/O CHOZUBA, PHEK, NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS THROUGH ITS CHIEF SECRETARY, NAGALAND CIVIL SECRETARIAT, GOVT. OF NAGALAND, KOHIMA, NAGALAND 2:THE PRINCIPAL DIRECTOR DIRECTORATE OF HEALTH AND FAMILY WELFARE GOVT. OF NAGALAND KOHIMA NAGALAND 3:THE MISSION DIRECTOR NATIONAL HEALTH MISSION(NHM) GOVT. OF NAGALAND KOHIMA NAGALAND 4:THE DIRECTOR DEPT. OF SCIENCE AND TECHNOLOGY GOVT. OF NAGALAND 5:THE UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO. 348 A WING Page No.# 2/8 NIRMAN BHAVAN NEW DELHI-11001 Advocate for the Petitioner : K ARKHA ACHUMI, KIKRU PFUKHA,, Advocate for the Respondent : GOVT ADV NL, Linked Case : PIL/15/2019 KIKRUKHONUO R/O MIDLAND COLONY KOHIMA NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND NAGALAND CIVIL SECRETARIAT KOHIMA 2:THE PRINCIPAL SECRETARY GOVT. OF NAGALAND HEALTH AND FAMILY WELFARE DEPT. KOHIMA NAGALAND 3:THE PRINCIPAL DIRECTOR GOVT. OF NAGALAND HEALTH AND FAMILY WELFARE DEPT. KOHIMA NAGALAND 4:THE MSSION DIRECTOR HEALTH AND FAMILY WELFARE DEPT KOHIMA NAGALAND 5:THE UNION OF INDIA Page No.# 3/8 REPRESENTED BY THE SECRETARY GOVT. OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPT NIRMAN BHAWAN NEW DELHI ------------ Advocate for : NEITEO KOZA Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 4 ORS BEFORE HONBLE MR JUSTICE KARDAK ETE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 11/03/2026 (Y. Longkumer, J) PIL/23/2020 and PIL/15/2019 are being disposed of by this common order as they are related to the same subject matter. 2. The instant PILs have been filed by the petitioners praying for a direction to the respondent authorities to provide accessibility and availability of menstrual hygiene products at a subsidized rate of adolescent girls both school going and non-school going. 3. Heard Ms. Neiteo Koza, learned counsel for the petitioners. Also heard Mr. Yangerwati, learned CGSC for the respondent No. 6 in PIL/23/2020 and for the respondent No. 5 in PIL/15/2019, Mr. N. Mozhui, learned counsel for the respondent No. 3 in PIL/23/2020 and for the respondent No. 4 in PIL/15/2019 and Ms. Bichano Kithan, learned State counsel for the State respondents. Page No.# 4/8 4. It is submitted by the petitioner that the Ministry of Health and Family Welfare, Government of India has come up with a scheme known as Rashtriya Kishor Swasthya Karyakram (RKSK). As per the RKSK Scheme, Sanitary napkins have to be provided to adolescent girls at subsidized rate and at the same time spread awareness to the adolescent age group in different State and Union Territories of the country. A communication to this effect was made by the Joint Secretary, Ministry of Health and Family Welfare, Government of Nagaland to all Mission Directors of all the State and Union Territories in the country on 04.03.2016. However, the scheme has not been implemented in the State of Nagaland and thus in requirement of Sanitary napkins adolescent girls are left with no options but, to purchase the same from the open market at high prices. Hence, the prayer is to issue a direction to the State respondents to ensure the availability and accessibility of menstrual hygiene products to all adolescent girls at subsidized rate and to ensure implementation of the RKSK Scheme in the State of Nagaland through the schools, ASHA workers, Anganwadi Centres and adolescent friendly health clinics. A direction is also sought to ensure that awareness programs relating to menstrual health hygiene is conducted through awareness programs or special classes at Secondary Schools or at Anganwadi Centres or in other Community Centres. And also to direct all the Senior Staff of government schools, ASHA workers to regularly monitor the distributions of Sanitary napkins to all adolescent girls at school. 5. By filing affidavit, the State respondent stated that the RKSK Scheme has only been implemented only in the District of Kiphire as a pilot project which is not in consonance with the RKSK Scheme as well as the Page No.# 5/8 communication dated 04.03.2016. The learned counsel for the respondent Nos. 3 and 4 had submitted that an MoU has been proposed to be executed between the National State Rural Likelihoods Mission (NSRLM) and the National Health Mission (NHM) to implement the RKSK Scheme in Nagaland. By an order dated 03.09.2025, this Court had directed the National Health Mission/ respondent No. 4 to file an affidavit as regards the present status of implementation of the RKSK Scheme and further, as to how many adolescent health care clinics are presently functioning wherein, the scheme has been implemented. Pursuant to the order dated 03.09.2025, an affidavit has been filed on behalf of the respondent Nos. 1, 2 and 3 indicating the Nos. of adolescent friendly health clinics set up in all the Districts of Nagaland and the Nos. of adolescent who have been registered with such clinics. According to the affidavit, adolescent friendly health clinics have been established in 12 (Twelve) districts out of 17 (Seventeen) districts in the State of Nagaland, with respect to the 5 (Five) remaining districts no information could be procured as they have been created only recently. 6. When the matter is called out for hearing today, the counsels for the parties have made a submission that the Hon’ble Supreme Court in the Case of Dr. Jaya Thakur Vrs. Government of India and Others in WP(C)/1000/2022 vide Judgement dated 30.01.2026 has passed directions to all the State and Union Territories to ensure the availability of menstrual absorbents. 7. In view of the directions passed in the said WP(C)/1000/2022, the learned counsel for the parties have submitted that the instant PILs may Page No.# 6/8 also be disposed of. A copy of the Judgement dated 30.01.2026 passed in WP(C)/1000/2022 has been placed on record. 8. We have gone through the judgement dated 30.01.2026 passed in WP(C)/1000/2022 the relevant directions are reproduced herein:- “VII. DIRECTIONS.... “II. As regards the "availability of menstrual absorbents", we direct that:- i. All States and Union Territories shall ensure that every school, whether Government-run or privately managed, in both urban and rural areas, provides oxo-biodegradable sanitary napkins manufactured in compliance with the ASTM D-6954 standards free of cost. Such sanitary napkins shall be made readily accessible to girl students, preferably within the toilet premises through sanitary napkin vending machines, or, where such installation is not immediately feasible, at a designated place or with a designated authority within the school. ii. All States and Union Territories shall ensure that every school, whether Government-run or privately managed, in both urban and rural areas, establish Menstrual Hygiene Management (MHM) corners. Such MHM corners shall be equipped with, including but not limited to, spare innerwear, spare uniforms, disposable bags, and other necessary materials to address menstruation-related exigencies. III. As regards the "disposal of sanitary waste", we direct that:- i. All States and Union Territories shall ensure that every school, whether Government-run or privately managed, in both urban and rural areas, is equipped with a safe, hygienic, and environmentally compliant mechanism for the disposal of sanitary napkins, in accordance with the latest Solid Waste Management Rules. ii. Each toilet unit shall be equipped with a covered waste bin for the collection of sanitary material, and cleanliness and regular maintenance of such bins shall be ensured at all times. Page No.# 7/8 IV. As regards the "awareness and training about menstrual health and puberty", we direct that:- i. The National Council of Educational Research and Training (NCERT) and the State Council of Educational Research and Training (SCERT) shall incorporate gender-responsive curricula, more particularly, menstruation, puberty, and other related health concerns (PCOS, PCOD, etc.), with a view to break stigma and taboo associated with menstrual health and hygiene. ii. All teachers, whether male or female, shall be adequately trained and sensitized on menstrual hygiene, including appropriate ways of supporting and assisting menstruating students. iii. Information regarding the availability of Jan Aushadhi Suvidha Oxo- Biodegradable Sanitary Napkin shall be widely disseminated through advertisement in social media, print media, radio advertisement, TV advertisement, cinema advertisement, and outdoor publicity like bus queue shelter branding, bus branding, auto wrapping, wall paintings. iv. The child helpline set up by the National Commission for Protection of Child Rights in furtherance of Rule 26 of the RTE Rules be disseminated forthwith through social media, print media, radio advertisement, TV advertisement, cinema advertisement, etc. 174. The District Education Officer (DEO) is directed to conduct periodic inspections, preferably once in a year, of school infrastructure, particularly with regard to toilet and washing facilities, availability of menstrual absorbents, sanitary waste disposal mechanisms and training/awareness measures undertaken by the concerned school. Whilst conducting such periodic inspections, the DEO must mandatorily obtain anonymous feedback in the form of a tailored survey from the students themselves and ensure that any further action taken pursuant to such a periodic inspection gives due regard to the responses received from such a survey. 175. The aforementioned action taken by the DEO must be in accordance with Section 18 of the RTE Act read with Rule 16 of the RTE Rules. Additionally, for the purpose of ensuring that transparency and accountability is fixed on part of both the DEO and the concerned school respectively, the DEO must annex a copy of the report of the periodic inspection and a copy of the consolidated responses received from the student survey along with the notice which is to be issued under Rule 16(1)(a) of the RTE Rules. 176. The National Commission for Protection of Child Rights (NCPCR), or, as the case Page No.# 8/8 may be, the State Commission for Protection of Child Rights (SCPCR), is requested to oversee the implementation of the aforesaid directions. In case of non-compliance, the NCPCR and SCPCR shall take necessary steps as provided under Sections 15 and 24 of the Commissions for Protection of Child Rights Act, 2005, respectively. Section 15 of the said Act vests the Commissions with the power to recommend that the concerned Government or authority take appropriate action. Thus, the powers of the DEO and the concerned Commission are not overlapping. 177. We do not say for a moment that the steps taken by the States at present be discontinued in view of the aforesaid directions. These directions, along with the Union's Menstrual Hygiene Policy for School Girls, shall operate as mandatory standards in addition to the steps being taken by the States through its policies, schemes, programmes etc. 178. Considering the nature of the case, the Union will have to satisfy us on substantial compliance. In this regard, we, therefore, issue a continuing mandamus. The Union shall also ensure upon the compliance of our directions and guidelines in all States. It will be for the Union to also apprise us on the compliance by all the States. 179. The Union of India and all the States and Union Territories respectively shall ensure that the aforesaid directions are strictly complied with within a period of three months from the date of the pronouncement of this judgment.” 9. In view of the above directions, we are of the view that no determination of the grievance of the petitioner would be required as the Hon’ble Supreme Court has already dealth with the matter. 10. PILs are accordingly, closed and disposed of. JUDGE JUDGE Comparing Assistant