Menstrual hygiene is fundamental right: Deadline for central, state, and UT governments to implement 'Menstrual Hygiene Policy'

NEW DELHI: The Supreme Court has declared that menstrual hygiene is a fundamental right to life and privacy under Article 21 of the Constitution. Sanitary pads should be made available free of cost in government and private schools. A bench of Justices J.B. Pardiwala and R. Mahadevan also ordered to ensure hygienic girls' toilets.

Such facilities are part of the right to education. Girls who cannot manage their menstrual problems with privacy and dignity will experience psychological stress. They will not be able to spend the full time in school. The 'Menstrual Hygiene Policy' should be implemented across the country within three months.

The court observed that the lack of clean and functional toilets, sanitary pads, and sanitation facilities hinders the girl child's right to education and competitive advancement. Girls may be forced to avoid school and resort to unsafe methods. Adopting other methods may affect sexual and reproductive health. The Court emphasised that menstrual health is a shared responsibility between men and women, rather than just a "women's issue".

Hygiene management corner and vending machine

• Girls' only toilets should be provided in all government and private schools, irrespective of urban or rural areas. There should be soap and water. It should be designed to ensure privacy.
• Oxo-biodegradable sanitary napkins should be provided free of cost. Vending machines should be placed in the toilet area or in hidden places so that these sanitary napkins can be easily taken.
• A 'menstrual hygiene management corner' should be set up where spare innerwear, uniforms, disposable pads and other necessary items are available.
• A system should be provided for safe disposal of sanitary pads. Toilets should have a clean, covered waste bin to dispose of used sanitary pads.

Haryana incident adds to the seriousness

• The court's intervention was in a public interest litigation filed by public activist Dr. Jaya Thakur. The petition sought to ensure free sanitary pads and separate women's toilets for all girls studying in classes 6 to 12.
• The court took a serious view of the incident in Maharshi Dayanand University in Haryana last November when three female sanitation workers who expressed difficulty in working during menstruation were asked to show photos of their sanitary pads.

"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 restrained due to a lack of resources. And it is for parents who may not realise the impact of their silence and for society to establish its progress as a measure in how we protect the most vulnerable. We wish to communicate to every girlchild who may have become a victim of absenteeism because her body was perceived as a burden when the fault is not hers."-Justice Pardiwala