Context:

Recently, the Supreme Court of India declared that access to menstrual health and hygiene in schools is an integral part of the fundamental right to life and personal liberty under Article 21 of the Constitution.

Key Judicial Findings:

• • • Menstrual Health as a Fundamental Right
      • The Court held that menstrual health and hygiene management (MHM) is a fundamental component of the right to life under Article 21, as it encompasses dignity, privacy, health, and bodily autonomy.
      • The judgment emphasised that the lack of access to menstrual hygiene measures results in stigma, humiliation, and exclusion, thereby undermining substantive equality.
    • Connection with the Right to Education
      • Since the Right to Education under Article 21A is an extension of the right to life, meaningful access to education requires the removal of barriers, such as the absence of menstrual facilities that disproportionately affect adolescent girls.
    • Substantive Equality
      • The Court adopted a substantive equality approach under Article 14, noting that treating unequals equally may perpetuate structural exclusion and systemic disadvantage.

Directions Issued:

• • • Free Sanitary Napkins
      • All States, Union Territories, and schools, both government and private must provide free biodegradable sanitary napkins to girls.
    • Menstrual Hygiene Management Facilities
      • Schools must establish functional, gender-segregated toilets equipped with water, soap, and adequate privacy, including disability-friendly access.
      • Facilities must include safe disposal mechanisms, such as covered bins and incinerators or other eco-friendly systems.
    • Awareness and Education
      • School curricula should integrate menstrual health education, along with teacher sensitisation programmes, to address social stigma and ensure dignity.
    • Compliance and Accountability
      • States and Union Territories are required to implement these measures within a stipulated timeframe, with consequences, including de-recognition of non-compliant private schools.

Significance:

• • • Gender Justice and Public Health: The judgment recognises menstrual health as a multi-dimensional right, encompassing health, education, dignity, privacy, and gender equality.
    • Breaking Taboos: By mandating awareness and education, the ruling challenges deep-rooted social taboos surrounding menstruation and fosters a more inclusive school environment.
    • Equity in Education: Access to adequate menstrual hygiene facilities reduces absenteeism and dropout rates among girls, thereby enhancing participation and retention in education.

Policy Implications:

• • • The judgment supplements existing schemes such as Samagra Shiksha, the Swachh Bharat Mission, and the Menstrual Hygiene Policy for School-Going Girls by framing them as constitutional obligations.
    • The Indian Medical Association (IMA) has urged the Government to ensure strict monitoring and effective implementation of the Court’s directions.

Conclusion:

The Supreme Court’s ruling that menstrual health in schools is integral to the right to life represents a progressive and transformative development. By firmly embedding menstrual hygiene within the framework of fundamental rights, encompassing dignity, health, education, and equality, the judgment seeks to address long-standing gaps in public health, gender equity, and access to education.