Supreme Court Declares Right to Menstrual Health Part of Right to Life, Directs Free Sanitary Pads in All Schools
A bench comprising Justices J.B. Pardiwala and R. Mahadevan directed all states and Union Territories to provide free biodegradable sanitary napkins to girl students in both government and private schools. The court emphasized that access to menstrual hygiene is an essential component of the Right to Life under Article 21 and the Right to Education under Article 21A.
New Delhi, January 30: In a landmark verdict, the Supreme Court has held that the right to menstrual health and hygiene forms part of the Right to Life under Article 21 and the Right to Free and Compulsory Education under Article 21A of the Constitution. Thus, it has been directed that all schools in India, whether private or government, in both urban and rural areas, must provide free biodegradable sanitary napkins of the highest safety and hygiene standards to girls.
A bench of Justices JB Pardiwala and R Mahadevan noted that all authorities shall also ensure the establishment of menstrual hygiene management facilities in schools. The Court, in its ruling, stated that directions regarding the disposal of sanitary waste have been issued in its detailed judgement (yet to be uploaded on the website). ‘Unusual and Unfortunate Circumstances’: Supreme Court Allows Woman Who Lost Husband During COVID-19 to Settle INR 50 Lakh Central Bank Loan on Relaxed Terms.
"Before parting with the issue, we want to say that 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 not able to due to the lack of resources...Progress is measured by how we protect the vulnerable", Justice Pardiwala observed.
Reacting to the Supreme Court's ruling that the right to menstrual health is part of the fundamental right to life, Advocate Varun Thakur, counsel for petitioner Jaya Thakur who filed PIL seeking directions to provide free sanitary pads to girl child who are studying from 6th to 12th class and separate girl toilets in all Government, aided and residential schools, welcomed the judgment, calling it "historic and path-breaking." ‘Will Divide Society’: Supreme Court Stays UGC Equity Regulations 2026.
He said, "The Supreme Court has recognised menstrual health as a fundamental right under Article 21. It has directed that students from Classes 6 to 12 must be provided sanitary pads free of cost. These directions are applicable to all states as well as the Union of India, with a compliance report to be submitted within three months."
The Court has asked all States and UTs to file their compliance reports within three months of time. Failure in compliance with its directions would result in the de-recognition of schools, the Court added.
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