New Delhi: The Supreme Court on Friday held that access to menstrual hygiene is an integral part of a girl child’s right to life, dignity, health and education, and issued a comprehensive set of mandatory directions to all states and UTs (union territories) to ensure free sanitary napkins, functional gender-segregated toilets and menstrual health awareness in every school across the country.
A Bench of Justices J.B. Pardiwala and R. Mahadevan, while observing that “a period should end a sentence – not a girl’s education,” stated that the government bears a positive obligation under Article 21 of the Constitution to protect the right to health, particularly the menstrual health of girl children.
In its detailed 127-page judgment, the Justice Pardiwala-led Bench observed that lack of access to menstrual hygiene management (MHM) products forces girls to resort to unhygienic alternatives such as rags or cloth, or use of menstrual absorbents for prolonged periods, which have demonstrably adverse consequences for their health.
“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 apex court said.
Highlighting the impact on education, the Supreme Court observed that the absence of clean washrooms, menstrual absorbents and safe disposal facilities compels girls to either remain absent or drop out of school altogether.
“Participation in education is not limited to physical presence in the classroom; it encompasses the ability to attend school, concentrate during lessons, and take part in academic and co-curricular activities on an equal footing with peers,” it said.
Issuing a slew of directions, the Justice Pardiwala-led Bench ordered that all schools – government-run as well as privately managed – must have functional, gender-segregated toilets with usable water connectivity, hand-washing facilities with soap, and infrastructure catering to children with disabilities.
On the availability of menstrual absorbents, the top court directed states and UTs to ensure that every school provides oxo-biodegradable sanitary napkins free of cost, preferably through vending machines within toilet premises.
It also mandated the setting up of Menstrual Hygiene Management corners equipped with spare uniforms, innerwear and other essential materials.
The Justice Pardiwala-led Bench further directed that schools must be equipped with safe, hygienic, and environmentally compliant mechanisms for the disposal of sanitary waste in accordance with the Solid Waste Management Rules.
“Each toilet unit shall be equipped with a covered waste bin for the collection of sanitary material, and cleanliness and regular maintenance of such bins shall be ensured at all times,” the apex court said.
It ordered the NCERT and State Councils of Educational Research and Training to incorporate gender-responsive curricula on menstruation, puberty and related health concerns to break stigma and taboos.
The Justice Pardiwala-led Bench also directed that all teachers, whether male or female, be adequately trained and sensitised on menstrual hygiene.
The District Education Officer has been tasked with conducting annual inspections of school infrastructure and mandatorily obtaining anonymous feedback from students through tailored surveys.
The National Commission for Protection of Child Rights and State Commissions have been asked to oversee implementation and take action in cases of non-compliance.
Issuing a continuing mandamus, the apex court directed the Centre and all states and UTs to ensure strict compliance with the directions within three months, and said it would monitor progress through compliance reports.
In conclusion, the Justice Pardiwala-led Bench made an emotional appeal, stating: “This pronouncement is not just for the stakeholders of the legal system, it is also meant to be for the classroom where girls hesitate to ask for help, it is for the teachers who want to help but are restrained due to lack of resources, and it is for the parents who may not realize the impact of their silence, and for the society to establish that progress is measured how we protect the most vulnerable.”
The matter has been listed after three months for further monitoring of compliance.
(IANS)
