The Supreme Court on Friday recognized the right to menstrual health as part of the right to life under the Constitution, directing all states and Union Territories to provide free oxo-biodegradable sanitary napkins to girl students and functional, gender-segregated toilets for all students.
In a landmark judgment aimed at promoting gender justice and educational equity, a bench comprising Justices J B Pardiwala and R Mahadevan issued a series of directions to ensure these facilities are available in schools, regardless of whether they are government-run, aided, or private.
Authored by Justice Pardiwala, the verdict warned of strict consequences for non-compliance, including the de-recognition of private schools and holding state governments directly accountable for failures in public institutions.
"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 right to healthy reproductive life embraces the right to access education and information about sexual health," the bench held.
The court further directed: "As regards the availability of menstrual absorbent, we direct that all states and Union Territories shall ensure that every school where the government-run or privately managed in both urban and rural areas provides oxo-biodegradable sanitary napkins manufactured in compliance... free of cost."
Sanitary napkins must be made accessible to girl students, preferably within toilet premises through vending machines, or, where such installation is not immediately feasible, at a designated place or with a designated authority within schools.
On the matter of school toilets, the court ordered all states and UTs to ensure that "every school... is provided with the functional gender segregated toilets with usable water connectivity."
It emphasized that all existing and newly constructed toilets must be designed, constructed, and maintained to ensure privacy and accessibility, including for children with disabilities.
"All school toilets shall be equipped with functional hand washing facilities with soap and water available at all times," the bench added.
Justice Pardiwala highlighted the importance of education, stating that the right to education has been described as a multiplier right enabling the exercise of other human rights.
"The Right to Education (RTE) forms part of the broader framework of the right to life and human dignity, which cannot be realised without access to education," the verdict said.
The judgment emphasized equality under Article 14, stating: "The substantive approach to equality under Article 14 demands that treatment be accorded with due regard to the individual, institutional, systemic and contextual barriers that impede the translation of rights in reality," and added, "At the same time, the state, as a benefactor, is under an obligation to remedy such structural disadvantages."
"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," the court observed.
"Privacy is inextricably linked with dignity. As a corollary, the right to privacy entails a duty on the state to not only refrain from violating privacy but also an accompanying obligation on the state to take necessary measures to protect the privacy of an individual," it added.
The verdict further noted that equality is expressed through the right to participate on equal terms: "Inaccessibility of menstrual hygiene management measures strips away the right to participate on equal terms in school. The domino effect of the absence of education is the inability to participate in all walks of life later."
The court also referenced the fundamental right to education under Article 21A and the RTE Act, which mandates compulsory and quality education. It instructed that all schools comply with norms and standards set out in Section 19 of the RTE.
"In case of a school not established, owned or controlled by the appropriate government or the local authority is found to be in contravention of the provisions of the RTE Act, it would be derecognised and the consequences therefrom would follow...," the bench said.
All states and UTs must also ensure the establishment of menstrual hygiene management corners in every school, and the court issued directions regarding awareness and training on menstrual health and puberty.
The detailed judgment is awaited.
The court framed four key questions, including whether inaccessibility to pads and toilets creates systemic barriers that prevent adolescent girls from participating in education on equal terms with boys in violation of Article 14 (equality). It also considered whether menstrual health is essential for reproductive health and a dignified life under Article 21.
The verdict was reserved on a PIL filed by Jaya Thakur on December 10, 2024, seeking pan-India implementation of the 'Menstrual Hygiene Policy for school-going girls'.