NEW DELHI: In a landmark verdict to ensure dignity, equality and gender justice, the Supreme Court on Friday directed all states and Union Territories to provide free biodegradable menstrual sanitary pads to girl students in government and private schools, and to ensure separate washroom facilities for boys and girls, holding that the right to menstrual health is part of the fundamental right to life under the Constitution.
"This pronouncement is not just for the stakeholders of the legal system, it is also meant to be for the classroom where girls hesitate to ask for help, it is for the teachers who want to help but are restrained due to lack of resources, and it is for the parents who may not realize the impact of their silence, and for the society to establish that progress is measured how we protect the most vulnerable. The right to menstrual health is part of the right to life under Article 21 of the Constitution. If private schools fail to provide these facilities, they will be de-recognised," said the court in its 126-page verdict, a copy accessed by the TNIE.
A bench of Justices J B Pardiwala and R Mahadevan, in the judgement, directed states and Union Territories to ensure separate toilets for female and male students in all schools. It also said all schools, irrespective of whether they are state-run or controlled, will have to provide disabled-friendly toilets.
The bench in favour of girl students added that we wish to communicate to every girl child, who might have become a victim of absenteeism because her body was perceived as a burden, that the fault is not hers. "These words must travel beyond the courtroom, law review reports, and reach the everyday conscience of society at large," said the court.
It passed the order after hearing a Public Interest Litigation (PIL) filed in 2024 by social worker Jaya Thakur, who sought nationwide implementation of the Central government's Menstrual Hygiene Policy.
The petitioner, Thakur, highlighted how lack of menstrual hygiene facilities in schools directly affects girls' education, health, and dignity, often forcing them to miss classes or drop out entirely.
While addressing the issue in a detailed manner, the court directed that all States and Union Territories shall ensure that every school, whether Government-run or privately managed, in both urban and rural areas, is provided with the functional, gender-segregated toilets with usable water connectivity.
"All the existing and newly constructed toilets in schools shall be designed, constructed, and maintained so as to ensure privacy and accessibility, including by catering to the needs of children with disabilities. All school toilets shall be equipped with functional hand-washing facilities, with soap and water available at all times," observed the court.
As regards the "availability of menstrual absorbents", the court directed all States and UTs to ensure that every school, whether Government-run or privately managed, in both urban and rural areas, provides oxo-biodegradable sanitary napkins manufactured in compliance with the ASTM D-6954 standards free of cost.
"Such sanitary napkins shall be made readily accessible to girl students, preferably within the toilet premises through sanitary napkin vending machines, or, where such installation is not immediately feasible, at a designated place or with a designated authority within the school," said the court.
On the point of "awareness and training about menstrual health and puberty", the Court directed the National Council of Educational Research and Training (NCERT) and the State Council of Educational Research and Training (SCERT) to incorporate gender-responsive curricula, more particularly, menstruation, puberty, and other related health concerns (PCOS, PCOD, etc.), with a view to break stigma and taboo associated with menstrual health and hygiene.
The bench said, teachers, whether male or female, shall be adequately trained and sensitised on menstrual hygiene, including appropriate ways of supporting and assisting menstruating students.
"Information regarding the availability of Jan Aushadhi Suvidha Oxo-Biodegradable Sanitary Napkin shall be widely disseminated through advertisement in social media, print, TV/ radio / cinema advertisement and outdoor publicity like bus queue shelter branding, bus branding, auto wrapping, wall paintings," it said.
The bench also stressed that the District Education Officer (DEO) is directed to conduct periodic inspections, preferably once in a year, of school infrastructure, particularly with regard to toilet and washing facilities, availability of menstrual absorbents, sanitary waste disposal mechanisms and training/awareness measures undertaken by the concerned school.
"Whilst conducting such periodic inspections, the DEO must mandatorily obtain anonymous feedback in the form of a tailored survey from the students themselves and ensure that any further action taken pursuant to such a periodic inspection gives due regard to the responses received from such a survey," the court passed the verdict.
The court further made it clear that considering the nature of the case, the Union will have to satisfy us on substantial compliance.
"The Union shall also ensure upon the compliance of our directions and guidelines in all States. It will be for the Union to also apprise us on the compliance by all the States. The Union of India and all the States and Union Territories respectively shall ensure that these directions are strictly complied with within a period of three months from the date of the pronouncement of this judgment," the court added.