New Delhi, Jan 31
The Supreme Court's recognition of menstrual hygiene as a right to life is a landmark step for women's dignity and stigma-free education, said public health experts on Saturday.
The apex court, on Friday, ruled that access to menstrual hygiene is an integral part of a girl child's right to life, dignity, health, and education.
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.
The SC also 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.
"Menstrual hygiene in schools has been a longstanding problem that requires assertive intervention. By mandating these measures, we are preventing infections, promoting equality, and removing stigma. We are protecting the child's mental health and also reducing absenteeism --essentially ensuring that a natural biological process does not become a barrier to a child's future," Rajeev Jayadevan, Ex-President of IMA Cochin and Convener of the Research Cell, Kerala, told IANS.
The 127-page detailed judgment 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.
"Recognising menstrual health as a fundamental right is a landmark step. Free sanitary pads in schools can reduce absenteeism and health risks for girls," Poonam Muttreja, Executive Director Population Foundation of India, told IANS.
"But dignity also requires sustainable product choices, safe disposal mechanisms, water and sanitation facilities, and stigma-free education: without these, access alone cannot deliver lasting health or environmental outcomes," she added.
Issuing a slew of directions, the Court 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.
"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.
Dr Ishwar Gilada, a Mumbai-based Consultant in HIV, STIs, and Sexual Health, told IANS that, as ordered by the SC, time-bound implementation, making menstrual health part of sexual health, and making it a shared responsibility, not only that of women, is crucial.
"It is not only important to provide free sanitary napkins, but even their safe disposal is equally important. The Ministry of Health need not wait for another follow-up order on 'disposal of sanitary pads'. A vending machine approach, just like it was initiated for condoms, is needed for the hour," Gilada added.
- IANS
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