Supreme Court Declares Menstrual Health Integral to Right to Life, Issues Landmark Directive
In a historic judgment with far-reaching implications for gender equality and public health, the Supreme Court of India has unequivocally declared that the right to menstrual health forms an essential component of the fundamental right to life guaranteed under Article 21 of the Constitution. Delivering this landmark verdict, a bench comprising Justices JB Pardiwala and R Mahadevan has issued a comprehensive set of directives aimed at ensuring menstrual dignity for millions of girl students across the nation.
Court Mandates Free Distribution of Biodegradable Sanitary Pads
The apex court has directed all state governments and Union Territories to ensure the free distribution of biodegradable sanitary pads to girl students in every educational institution. This mandate applies uniformly to both government-run and privately managed schools, leaving no room for ambiguity. The bench emphasized that access to menstrual hygiene products is not merely a matter of convenience but a critical requirement for preserving the dignity, health, and educational continuity of young women.
Stringent Requirements for School Infrastructure
Beyond the provision of sanitary products, the Supreme Court has laid down stringent infrastructure requirements for all schools. The bench has instructed authorities to ensure that every educational institution provides:
- Separate and functional toilets for female and male students.
- Disabled-friendly toilet facilities to ensure inclusivity.
- Adequate maintenance and regular availability of these amenities.
The court made it explicitly clear that these facilities are non-negotiable and form the bedrock of a supportive educational environment.
Accountability and Consequences for Non-Compliance
In a move to ensure strict adherence, the Supreme Court has established a robust accountability framework. The bench warned that state governments and Union Territories would be held directly responsible if they fail to ensure the availability of functional toilets and free sanitary pads for girls. For private schools, the consequences are even more severe: institutions that do not comply with these directives face the prospect of de-recognition, a powerful deterrent against negligence.
Constitutional Foundation and Broader Implications
Focusing intently on the constitutional dimension, the bench observed that access to menstrual hygiene facilities is essential for dignity, health, and equality. By anchoring this right within Article 21, the judgment elevates menstrual health from a peripheral welfare issue to a core constitutional guarantee. This legal recognition is expected to catalyze systemic changes in public health policy and educational administration across India.
Background and Legal Context
The court was hearing a public interest litigation filed by Jaya Thakur on December 10, 2024, which sought the pan-India implementation of the Union government’s Menstrual Hygiene Policy for School-Going Girls. This policy specifically covers adolescent girl students studying in Classes 6 to 12 in government and government-aided schools. The Supreme Court’s judgment significantly expands the scope of this policy, making it mandatory for all schools, including private ones, and linking it directly to fundamental rights.
This ruling represents a monumental step forward in India’s journey toward gender justice and public health equity. By mandating concrete actions and establishing clear accountability, the Supreme Court has provided a powerful legal framework to combat menstrual stigma and ensure that no girl’s education is compromised due to a lack of basic hygiene facilities.
