The Supreme Court has affirmed that the right to menstrual hygiene is a fundamental aspect of the right to life under Article 21 of the Constitution. Yesterday, the court issued binding directions to states, Union Territories, and schools to safeguard the dignity, health, and equality of girls and women.
A bench comprising Justices JB Pardiwala and R Mahadevan directed all states and Union Territories to provide biodegradable sanitary napkins free of cost to adolescent girls in schools. The judges highlighted that the lack of basic facilities and the stigma surrounding menstruation adversely impacts girls’ health, education, and privacy.
The court also ordered schools to maintain functional, hygienic, and gender-segregated toilets and mandated the pan-India implementation of the Union government’s “Menstrual Hygiene Policy for School-going Girls” for students from Classes 6 to 12. The ruling comes in response to a petition seeking free sanitary pads and proper sanitation facilities for schoolgirls.
Compliance is mandatory for both government and private schools. The court warned that private institutions could face derecognition if they fail to provide separate toilets for boys and girls or do not ensure access to free sanitary napkins.
