SC Declares Menstrual Health a Right to Life, Mandates Free Pads in Schools

The Supreme Court has delivered a landmark verdict declaring the right to menstrual health and hygiene a part of the fundamental Right to Life and Right to Education. It directs all schools across India to provide free, high-quality biodegradable sanitary napkins to girls. The bench also mandated the establishment of proper menstrual hygiene management facilities in schools, with states required to submit compliance reports within three months. Failure to comply could result in the de-recognition of schools.

Key Points: Supreme Court: Menstrual Health is Right to Life, Free Pads in Schools

  • Menstrual health part of Right to Life
  • Free pads in all schools
  • Mandatory hygiene facilities
  • Non-compliance leads to de-recognition
2 min read

SC declares right to menstrual health part of Right to Life, directs free sanitary pads in all schools

Supreme Court mandates free sanitary pads in all Indian schools, declaring menstrual health a fundamental right under Article 21. Historic ruling.

"Progress is measured by how we protect the vulnerable - Justice JB Pardiwala"

New Delhi, January 30

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 added.

- ANI

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Reader Comments

R
Rohit P
A landmark verdict indeed. Recognizing this as a fundamental right under Article 21 is powerful. Hope the states act swiftly and the quality of pads provided is strictly monitored. We don't want another scheme that fails at the ground level.
A
Anjali F
Finally! The court's words about classrooms and teachers really hit home. The stigma is real. This directive, along with proper disposal facilities, can help normalize menstruation. A big step towards breaking taboos. 🙌
S
Siddharth J
While the intent is 100% correct, I have concerns about the logistics and funding, especially for private schools. Who will bear the cost? The order for biodegradable pads is good, but will increase the expense. The government needs a clear funding mechanism.
M
Meera T
As a teacher in a government school, I've seen girls struggle firsthand. This judgment gives us the backing to demand proper facilities. "Progress is measured by how we protect the vulnerable" – what a powerful statement by Justice Pardiwala.
K
Karthik V
A welcome move. The de-recognition threat for non-compliance is a strong stick. Hope it ensures action. This should be part of a larger conversation on health and hygiene in our education system. Well done, Supreme Court.

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