The Supreme Court on Friday held that menstrual health is an integral part of the fundamental right to life under the Constitution, and directed government and government-aided schools to ensure separate toilets and the free distribution of biodegradable sanitary napkins to girl students in both government and private schools.
A bench comprising Justices JB Pardiwala and R Mahadevan ordered that the directions be implemented within three months, with compliance reports to be filed thereafter.
In its 126-page judgment, the court noted that access to sanitation and menstrual hygiene is closely linked to the dignity, health and education of adolescent girls. It also directed schools to set up menstrual hygiene management centres equipped with extra uniforms, sanitary supplies and other essential materials to handle menstrual-related emergencies. Such facilities, the court said, are necessary to prevent absenteeism and school dropouts among girls.
The bench observed: “This pronouncement is not just for the stakeholders of the legal system. It is also meant for the classroom where girls hesitate to ask for help, for teachers who want to help but are restrained due to lack of resources, for parents who may not realise the impact of their silence, and for society at large, to establish that progress is measured by how we protect the most vulnerable.”
The petition before the court sought the installation of low-cost sanitary napkin vending machines in schools, along with proper disposal systems for used napkins.
Earlier, the Supreme Court had asked the Centre to consult states and file an affidavit on the issue. Before reserving judgment, the bench queried whether free sanitary pads were already being provided in schools and whether girls would have to ask for them.
Additional Solicitor General Aishwarya Bhati informed the court that a national policy had been framed and was to be implemented by states and Union Territories. She said distribution would primarily take place through schools and anganwadi centres, with partial funding provided by the Centre under the National Health Mission.
When asked about monitoring mechanisms, the ASG said that since the policy was formulated in consultation with states, the Centre would oversee its implementation.
The public interest litigation was filed by Jaya Thakur, seeking free sanitary pads for girls from Classes 6 to 12 and separate toilets in all schools. She also sought awareness campaigns on menstrual health in backward areas. The petition stated that due to the lack of such facilities and awareness, around 23 lakh girls drop out of school every year, and many women die annually.
