'Menstrual health fundamental right; ensure free sanitary-pads for schoolgirls': SC
What's the story
The Supreme Court has ruled that the right to menstrual hygiene and access to menstrual hygiene products is a part of the right to life under Article 21. The ruling was delivered by a bench of Justices JB Pardiwala and R Mahadevan in a case related to the implementation of the "Menstrual Hygiene Policy for School-going Girls" across India. The court emphasized that access to safe and effective menstrual hygiene management is essential for girls' sexual and reproductive health.
Ruling
What the court said
"The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective, and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health," the court said. "The right to a healthy reproductive life embraces the right to access education and information about sexual health. The right to equality is expressed through the right to participate on equal terms."
Order
Schools to provide oxyzo-biodegradable sanitary napkins
The court directed all schools to provide oxyzo-biodegradable sanitary napkins free of cost to adolescent girls. Such sanitary napkins must be easily available to female students, preferably within bathroom facilities via sanitary napkin vending machines or, if not visible, at a designated place. All states and union territories must also ensure that every government-run or privately managed school establish menstrual hygiene management corners. It must be stocked with spare underwear, uniforms, disposable pads, and other menstrual-related supplies.
Education impact
Inaccessibility affects girls' education, violates dignity: Court
The court also addressed the issue of whether lack of gender-segregated toilets and menstrual absorbents violates the right to education. It ruled that inaccessibility to these facilities violates the dignity of girl children and affects their educational opportunities. "The inaccessibility of menstrual hygiene management measures undermines the dignity of a girl child, as dignity finds expression in conditions that enable individuals to live without humiliation, exclusion, or avoidable suffering. Privacy is inextricably linked with dignity," it held.
Toilets
Gender-segregated toilets for all schools
As a result, it mandated that all schools, whether public or private, in both urban and rural areas be equipped with functional gender-segregated toilets with usable water connectivity. All existing or newly constructed toilets in schools must be designed, built, and maintained to ensure privacy and accessibility, including accommodating the needs of students with disabilities. They must be equipped with functional washing facilities and have soap and water available at all times.
Empowerment message
Judgment aims to raise awareness on menstrual hygiene rights
The court said its judgment seeks to empower girl students, teachers, and parents about their rights to menstrual hygiene facilities. "It is meant for the classroom, where girls hesitate to ask for help....It is for the teachers who want to help but are restrained due to a lack of resources. It is for the parents who may not realize the impact of their silence and for society, to establish that progress is measured by how we protect the most vulnerable."