Pads can be declared essential only after due process, HC told

To declare sanitary pads as an essential product and to provide it to women at cheaper rates could be done only after following the due process of law, the Bombay High Court was told by the Union ministry of health and family welfare. This comes after the HC ordered the ministry to consider providing pads to women at cheaper rates.

This comes on an affidavit filed by the union ministry before the bench led by Chief Justice Dipankar Datta, which is dealing with a petition filed by two law students, urging the bench to issue directions to the authorities to provide sanitary napkins at cheaper rates, especially during the present lockdown period, which has resulted in a steep shortage in their supply.

The law students have in their plea, accused the government authorities of being negligent about this issue and turning a blind eye to the sufferings of women. The plea further highlighted the imposition of the GST and the subsequent deletion of this item from the ambit of the GST.

"On one hand, the government has removed sanitary pads from GST ambit but on the other, it has imposed GST at the rate of 12-18 per cent in the input raw materials. This speaks volumes about the intentions of the government," the girls have argued, adding, "Therefore, the cost of the sanitary napkin has increased and hence, not all women can afford it. It is the essential requirement of every woman and they have the right to get it at a cheaper rate, as an essential commodity."

Responding to the contentions, the Union ministry in its affidavit said, "The decision to include sanitary napkins in the schedule (list) of essential commodities must be taken after understanding the current market scenario, the demand and supply gap and also keeping in mind various options of brands, quality, costing and preferences of the beneficiaries."

"The decision can be taken after a due consultative process under the Ministry of Consumer Affairs ensuring involvement of all stakeholders, the affidavit added.

The ministry also highlighted that it has been implementing the Scheme for Promotion of Menstrual Hygiene among adolescent girls since 2011. Also that from 2015-16, the procurement of sanitary napkins is being supported by the National Health Mission through the State Programme Implementation Plan.

"On one hand, the government has removed sanitary pads from GST ambit but on the other, it has imposed GST at the rate of 12-18 per cent in the input raw materials.”