Menstrual health is fundamental right: SC
New Delhi: Declaring the right to menstrual health as part of the right to life under the Constitution, the Supreme Court on Friday directed all states and Union Territories to provide free oxo-biodegradable sanitary napkins to girl students and functional, gender-segregated toilets for all the students.
In a landmark judgment to ensure gender justice and educational equity, a bench comprising Justices J B Pardiwala and R Mahadevan issued a slew of directions to all states and UTs to ensure that these facilities are provided in schools irrespective of whether they are government-run, aided or private. The verdict, authored by Justice Pardiwala, warns of stringent 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. “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,” it ordered. Sanitary napkins shall be made accessible to girl students, preferably within toilet premises, through vending machines, or, where such installation is not immediately visible, at a designated place or with a designated authority within schools, it said.
On the issue of toilets, it directed all states and UTs to ensure that “every school... is provided with the functional gender segregated toilets with usable water connectivity”. It said all the existing and newly constructed toilets in schools shall be designed, constructed and maintained so as to ensure privacy and accessibility, including by catering to the needs of children with disabilities.
“All school toilets shall be equipped with functional hand washing facilities with soap and water available at all times,” it ordered. Justice Pardiwala said the right to education has been termed as a multiplier right as it enables the exercise of other human rights.
