Supreme Court Expresses Shock That Kochi Municipal Corporation In Kerala Is Charging Additional Fee For Collecting Sanitary Waste From Residents

The Supreme Court has expressed shock that Kochi Municipal Corporation in Kerala is charging an additional fee for collecting sanitary waste, including used sanitary napkins, adult diapers etc. from its residents.

The Court was hearing a Public Interest Litigation (PIL) filed by Advocate Indu Varma alleging that many States in India are refusing to collect sanitary waste from households, thereby discriminating against women, children, ailing and the aged. It highlighted that this is not only hindering women's empowerment, their education and career, it has far-reaching social consequences.

The Petitioner contended that apart from a user charge, the Kochi Municipal Corporation is imposing an additional fee based on the weight of the sanitary waste, after entrusting collection of such waste to a third party, which is without any legal basis and sought a stay of the same.

The Bench of Justice Surya Kant and Justice KV Viswanathan granted six weeks time to the Union of India to file a status report on the issue. Various State governments were also granted time to file their counter-affidavits. 

Advocate Indu Varma, the Petitioner-in-person, submitted, "Respondent No. 7 is forcing the residents of the city to approach a third party and pay per weight for disposal of sanitary waste. I am not on user fee for interim order, I am only seeking an interim order that the Corporation should collect the sanitary waste from the household as mandated under the rules. The rules require that the Corporation collect the sanitary waste as a part of solid waste". 

She submitted that solid waste includes sanitary waste and there cannot be a separate charge as per the rules for sanitary waste. 

Emphasizing the gravity of the matter, Varma contended, "This is very grave because this is concerning women, little children and elderly who require to use adult diapers. This is an absolute invasion of privacy." Varma further stated that the separate charge for disposing of sanitary waste is prevalent only in the State of Kerala.

The Court then asked the Counsel for the State of Kerala to address the Court. The Counsel told the Court that the State is yet to file a reply and that the State Pollution Control Board alone has filed a reply in the matter. He told the Court that only a User Fee is being collected by the Corporation. 

"It is not a User Fee, it is an additional fee they are collecting for disposal of sanitary waste. I understand there is a User Fee under Solid Waste Management, which I have challenged, and that is exactly on what the Union is going to file its reply on," Varma contended.

"You should ask for payment of charges?", the Court asked the State, expressing shock on the collection of additional fees. 

The Court directed the State of Kerala to file an affidavit with regard to the additional fee levied on sanitary waste. 

After passing the order, Justice Kant remarked, "The user fee is kind of a misnomer. Why should there be a fee for collection at all?"

The Petitioner told the Court that the User Fee is being levied based on the rules, which she has challenged. However, she said that the additional fee is being levied without any basis. 

"User fee may be statutory, we will deal with that. But How can you charge an additional fee", Justice Viswanathan asked the Counsel for the State of Kerala. 

Justice Suryakant then said that it is not able to comprehend why charges are being levied for sanitary waste. He said that through orders in PILs and through statutory measures we are promoting the use of sanitary products.  He said that Court has issued directions to provide sanitary products in schools, free of cost and that it is intended to promote hygiene, especially among children. He added, "On the other hand, we now say that you have to pay the charges! How can it be, it is mutually contradictory!"

 Additional Solicitor General (ASG) Aishwarya Bhati appeared for the Union of India and sought six weeks to file a reply. 

While granting time to the Union as well as the States, the Court scheduled the matter for hearing in July, immediately after re-opening post Court vacation.

On March 11, the Court had issued notice in the PIL. 

The PIL stated, "The State of Kerala has imposed a disposal fee on sanitary waste apart from a user fee for the collection of waste from household, door to door, under Solid Waste Management Rule, 2016."

It highlighted that in the long run it may lead to increase in female infanticide, an issue India has been battling since many years. "The women, children, ailing and elderly are being forced to call third party agency/corporate contracted by the local bodies to dispose of their sanitary waste. The city of Kochi, Kerala State is imposing cost for disposal of sanitary waste since month of April 2023. Initially it was set at 45 rupees plus GST, but has been brought down after grievance was raised, to Rs. 12 per kg since June 2023. This is burdening the families, especially young ·and adult menstruating women thereby impacting their development," the plea read. 

The plea stated that the societal fabric of the State of Kerala, being largely matriarchal, will also be impacted if such an imposition is allowed to continue. "The issue of sanitary waste not being collected is widespread in many parts of India. The "user fee" imposed upon residents, Indian households is in violation residents' fundamental right. This is not only discriminatory, affecting the right to live with dignity, sanitation but is also causing severe ecocide. Hence, needs urgent attention," the plea read. 

Cause Title: Indu Varma v. Union of India [W.P.(C) No. 1062/2023]