In a landmark verdict, the Supreme Court has held that the right to menstrual health and hygiene forms part of the Right to Life under Article 21 and the Right to Free and Compulsory Education under Article 21A of the Constitution.
Thus, it has been directed that all schools in India, whether private or government, in both urban and rural areas, must provide free biodegradable sanitary napkins of the highest safety and hygiene standards to girls.
A bench of Justices JB Pardiwala and R Mahadevan noted that all authorities shall also ensure the establishment of menstrual hygiene management facilities in schools.
The Court, in its ruling, stated that directions regarding the disposal of sanitary waste have been issued in its detailed judgement (yet to be uploaded on the website).
“Before parting with the issue, we want to say that this pronouncement is not just for stakeholders of the legal system. It is also meant for classrooms where girls hesitate to ask for help. It is for teachers who want to help but are not able to due to the lack of resources…Progress is measured by how we protect the vulnerable”, Justice Pardiwala observed.
Reacting to the Supreme Court’s ruling that the right to menstrual health is part of the fundamental right to life, Advocate Varun Thakur, counsel for petitioner Jaya Thakur who filed PIL seeking directions to provide free sanitary pads to girl child who are studying from 6th to 12th class and separate girl toilets in all Government, aided and residential schools, welcomed the judgment, calling it “historic and path-breaking.”
He said, “The Supreme Court has recognised menstrual health as a fundamental right under Article 21. It has directed that students from Classes 6 to 12 must be provided sanitary pads free of cost. These directions are applicable to all states as well as the Union of India, with a compliance report to be submitted within three months.”
The Court has asked all States and UTs to file their compliance reports within three months of time. Failure in compliance with its directions would result in the de-recognition of schools, the Court
