New Delhi: In a landmark judgment, the Supreme Court on Friday ruled that the right to menstrual hygiene is an integral part of the right to life and the right to privacy under Article 21 of the Constitution.
The top court issued a series of binding directions to states, Union territories and schools to ensure dignity, health and equality for girls and women.
Among the most significant directions is the one to ensure that girl students in private and government schools are provided bio-degradable menstrual sanitary pads free of cost.
A bench of Justices JB Pardiwala and R Mahadevan further ordered states and Union territories to ensure separate toilets for female and male students in all schools. The apex court also said that all schools, irrespective of whether they are state-run or controlled, will have to provide disabled-friendly toilets.
Free biodegradable sanitary napkins must be provided within toilet premises of all schools, and should be made available to girls through machines or designated authorities within the premises.
The court directed all schools go set up menstrual hygiene management corners, which should be equipped with all the things required for menstrual exigencies.
If private schools fail to provide these facilities, they will be de-recognised, the bench said.
A public interest litigation (PIL) had been filed by Jaya Thakur on December 10, 2024, seeking pan-India implementation of the Union government’s Menstrual Hygiene Policy for school-going girls across government and government-aided schools for adolescent students in classes VI to XII.
The matter was heard, but the court reserved its verdict.
Advocate Varun Thakur lauded the top court for delivering a “historic and path-breaking judgment.”
“The Court has clearly recognized the right to menstrual health as a fundamental right under Article 21. It has also ruled that for students from classes VI to XII, the state has the responsibility to provide sanitary pads free of cost. The Supreme Court further clarified that these directions apply to all states as well as the Union of India, and it has sought a compliance report within three months,” advocate Thakur said.
