New Delhi: The Supreme Court has issued show-cause notices to the Chief Secretaries of all States and Union Territories, seeking an explanation as to why costs of Rs 25,000 should not be imposed on each of them for failing to file reply affidavits or compliance reports in a PIL seeking wider access to affordable menstrual hygiene products.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymala Bagchi and V. Mohana took note of the fact that despite service of notice on all the states, none of the respondents had filed their reply affidavits or compliance reports.
“As per the Office Report, all the States have been duly served. However, none of the Respondents have come forward with their reply affidavit(s)/compliance report(s),” the CJI-led Bench said in its order.
The apex court directed that show-cause notices be issued to the Chief Secretaries of all states and Union Territories (UTs) “as to why costs of Rs. 25,000 should not be imposed on each state/Union Territory” for their failure to file the required responses.
The PIL has been filed through advocate Filza Moonis seeking directions to make Jan Aushadhi Suvidha oxo-biodegradable sanitary napkins available through the Fair Price Shop network to ration card holders covered under the National Food Security Act, 2013.
The petitioner, a senior citizen and social worker, has contended that the existing network of Jan Aushadhi Kendras does not adequately reach rural and economically weaker sections, while Fair Price Shops operate across villages and localities and already cater to the same population.
According to the petition, there were 4,78,773 Fair Price Shops under the Public Distribution System against 19,294 Jan Aushadhi Kendras as of April 14, 2026, making the Fair Price Shop network approximately 24 times larger.
The plea relies on data from the National Family Health Survey and other government material to highlight continuing gaps in access to menstrual hygiene products, particularly among rural and economically disadvantaged adolescent girls.
The petitioner has also referred to the Jan Aushadhi Suvidha sanitary napkin scheme launched in 2018, under which the price of sanitary napkins was subsequently reduced to Re 1 per pad. The plea further relies on the Supreme Court’s judgment in Dr Jaya Thakur v. Government of India, which recognised the right to menstrual health as an integral part of the right to life under Article 21 of the Constitution.
The petition has sought directions for integrating the distribution of affordable sanitary napkins with the Fair Price Shop network, invoking constitutional provisions including Articles 14, 15(3), 21, 21A and 47, as well as obligations under the National Food Security Act. The Supreme Court had initially issued notice on the petition July 14, making it returnable September 7.
