Garvita OdiaSC says menstrual health fundamental right under Article 21; directs states to provide free biodegradable sanitary pads in schools.
New Delhi: The Supreme Court has ruled that the right to menstrual hygiene is an integral part of the right to life under Article 21 of the Constitution. The Apex court yesterday issued a series of binding directions to states and Union Territories and schools to ensure dignity, health and equality for girls and women. A bench of Justice JB Pardiwala and R Mahadevan directed all states and Union Territories to ensure that every school provides biodegradable sanitary napkins free of cost to adolescent girls.
The bench observed that the lack of basic facilities and stigma around menstruation directly affects girls’ health, education and privacy. The court further ordered authorities to ensure that schools are equipped with functional and hygienic gender-segregated toilets. The Court directed the pan-India implementation of the Union’s national policy, ‘Menstrual Hygiene Policy for School-going Girls’, in schools for adolescent girl children from Classes 6th-12th. The top court was hearing a plea seeking free sanitary pads and adequate sanitation facilities for schoolgirls.
The apex body made it clear that the compliance would be mandatory for both government and private institutions. It warned that private schools could face derecognition if they fail to provide separate toilets for girls and boys or do not ensure access to free sanitary pads for students.
