The Supreme Court acknowledged that the lack of menstrual hygiene management (MHM) prevents girls from attending school, thereby violating their dignity, privacy, bodily autonomy, and reproductive health. This situation is a clear violation of Article 14 (Right to Equality), Article 15(3) (Special provisions for women and children), Article 21 (Right to life and personal liberty), and Article 21A (Right to education).
New Delhi – In a very important and far-reaching decision on January 30, the Supreme Court declared menstrual health an integral part of the right to life under Article 21 and the right to education under Article 21A of the Indian Constitution. A bench of Justices J.B. Pardiwala and R. Mahadevan delivered a detailed 126-page judgment in the case of Dr. Jaya Thakur vs. Union of India, in which the Court clearly stated that the absence of girls from school or dropping out entirely due to menstruation is unconstitutional. The Court said, “A period ends a sentence – not a girl’s education.”
In the judgment, the Court acknowledged that the lack of menstrual hygiene management (MHM) prevents girls from attending school, thereby violating their dignity, privacy, bodily autonomy, and reproductive health. This situation is a clear violation of Article 14 (Right to Equality), Article 15(3) (Special provisions for women and children), Article 21 (Right to life and personal liberty), and Article 21A (Right to education). The Court stated that the right to live a life of dignity is only possible when girls can attend school during menstruation without shame, fear, or discomfort.
The Court also analyzed Sections 3 and 19 of the RTE Act (2009) and clarified that “free education” means not only school fees but also includes all expenses and facilities related to menstrual hygiene management. If girls do not have access to sanitary napkins or if there are no separate, clean toilets in schools, it is a violation of the RTE Act. The court stated that “barrier-free access” in schools means not only access to the building but also the removal of all obstacles that prevent a child from attending school regularly.
Under Section 3 of the RTE Act, free education includes not only school fees but also expenses related to menstrual hygiene management. The lack of separate toilets in schools is a violation of “barrier-free access.” Menstruation is no longer just a “women’s issue”; it is a collective responsibility.
Under this judgment, the Supreme Court has issued strict instructions to all states and Union Territories to mandatorily provide the following facilities within three months:
Every school (government or private) must have separate, fully functional toilets for boys and girls, with running water, soap, and privacy. Toilets must also be accessible for children with disabilities. Oxo-biodegradable sanitary napkins (meeting ASTM D-6954 standards) will be provided free of charge in every school, ideally through vending machines. If installing a machine is not immediately possible, these napkins will be kept at a designated place or with a designated person in the school.
An “MHM Corner” will be established in every school, where spare undergarments, spare uniforms, disposable bags, and other necessary materials will be kept to deal with any emergencies during menstruation. Arrangements for the safe and environmentally friendly disposal of sanitary napkins must be made in every school, in accordance with the Solid Waste Management Rules.
The court placed great emphasis on awareness and education. NCERT and SCERT have been directed to include menstruation, puberty, and problems like PCOS/PCOD in the curriculum to eliminate the shame and myths associated with it among girls. Training on sensitivity and support regarding menstrual health will be mandatory for all teachers (both male and female). The court specifically stated that it is also essential to educate boys that menstruation is a normal biological process, so that they can show empathy and respect towards their female classmates.
For monitoring, the District Education Officer (DEO) has been ordered to inspect schools annually and collect anonymous feedback (surveys) from female students. The NCPCR and SCPCR have been entrusted with the responsibility of monitoring the implementation of this decision across the country. Non-compliance could lead to action, including the cancellation of the school’s recognition under Section 18 of the RTE Act.
The court concluded with an emotional appeal, stating that this decision is not just a legal document, but for every girl who has been forced to drop out of school due to menstruation. The court said, “The fault is not yours. The change has now begun.” This case is still “part-heard.” Compliance reports have been sought from all states and union territories after three months. The Supreme Court has directed that this decision be communicated to all High Courts, state governments, and the Ministries of Education, Health, Jal Shakti, and Women and Child Development.
Geetha Sunil Pillai
Courtesy: Hindi News