Nagaland
High Court seeks clarification on non implementation of RKSK in Nagaland
KOHIMA — The Kohima Bench of the Gauhati High Court has directed the Mission Director of the National Health Mission (NHM), Government of Nagaland, to file an affidavit on the measures initiated to spread awareness about the Rashtriya Kishor Swasthya Karyakram (RKSK).
The order was issued by a Division Bench comprising Justice Kakheto Sema and Justice Mridul Kumar Kalita while hearing a public interest litigation (PIL) seeking the implementation of the scheme in Nagaland.
The RKSK is initiated by the central government under the National Health Mission, which, among others, provides sanitary napkins to adolescent girls at a subsidised rate and raises awareness among this age group in the states and union territories.
It was launched by the Ministry of Health and Family Welfare in 2014 with an aim to ensure holistic development of the adolescent population aged between 10 and 19.
Noting the submission made by the NHM’s counsel that “there are no takers of sanitary napkins at Kiphire District”, the court also directed the petitioner to respond to the claim.
“The learned counsel for the petitioner shall also come with necessary instructions on the submission made by the learned counsel for the respondent no. 3 that there are no takers of sanitary napkins at Kiphire District,” the order read.
During the proceeding, the counsel appearing for the secretary of the Ministry of Health and Family Welfare sought three weeks’ time to file an affidavit-in-opposition. Accordingly, the matter has been listed after three weeks.
Meanwhile, the counsel appearing for the secretary of Nagaland State Social Welfare Board and the state Social Welfare Department submitted that the Department is “not a necessary party in the case” and may not need to file an affidavit-in-opposition.
It is important to highlight here that the Social Welfare Department was not impleaded in the PIL. However, following proceedings on September 28, 2021, the court noted that the “Social Welfare Department is a necessary party in these cases”.
“Let the Social Welfare Department be impleaded as a party respondent in these cases,” the 2021 court order stated while directing the petitioner to serve notice upon the newly impleaded respondent.
As per court records, the petitioner submitted a representation before the respondent authorities requesting the implementation of the RKSK on October 22, 2020 as the scheme “has not been implemented in the State of Nagaland and that those in requirement of sanitary napkins are left with no option but to purchase the same from open market at a high price”.
However, as there was no response from the respondent authorities, the petitioner approached the court through the instant PIL.