“The right to a healthy reproductive life includes the right to obtain education and information regarding sexual health,” the Bench stated.
Stating that the right to menstrual health is a component of the right to life as per the Constitution, the Supreme Court on Friday ordered all states and Union Territories to offer free oxo-biodegradable sanitary napkins to female students and to ensure functional, gender-segregated toilets for all students.
In a significant ruling aimed at promoting gender justice and educational fairness, a Bench consisting of Justices J B Pardiwala and R Mahadevan directed all states and UTs to guarantee that these facilities are available in schools regardless of whether they are government-operated, supported, or private.
The ruling, written by Justice Pardiwala, cautions about severe penalties for non-compliance, such as the revocation of private school recognition and making state governments liable for shortcomings in public institutions.
The right to life specified in Article 21 of the Constitution encompasses the right to menstrual health; access to safe, efficient, and affordable menstrual hygiene management options enables a girl child to achieve optimal sexual and reproductive health standards. “The right to a healthy reproductive life includes the right to obtain education and information regarding sexual health,” the Bench stated.
“Concerning the provision of menstrual absorbents, we order that all states and Union Territories must guarantee that every school, whether government-run or privately managed in urban and rural locations, offers oxo-biodegradable sanitary napkins produced in accordance, at no cost,” it directed.
Sanitary napkins should be available to female students, ideally situated within restroom facilities, via vending machines, or, if such installations are not readily seen, in a specific location or with an appointed staff member in schools, it stated.
Regarding toilets, it instructed all states and UTs to make sure that “every school is equipped with operational gender-segregated toilets that have access to usable water.”
All current and newly builtschool toilets must be designed, built, and maintained to guarantee privacy and accessibility, addressing the requirements of children with disabilities.
“Every school restroom must have operational handwashing stations with soap and water accessible at all times,” it mandated.
Justice Pardiwala stated that the right to education is referred to as a multiplier right because it facilitates the enjoyment of other human rights.
“The Right to Education (RTE) is included in the wider context of the right to life and human dignity, which cannot be achieved without educational access,” the ruling stated.
The substantive equality perspective under Article 14 requires that consideration be given to the individual, institutional, systemic, and contextual obstacles that hinder the realization of rights. It also emphasized that “simultaneously, as a benefactor, the state has a duty to address these structural inequities.”
“The lack of access to menstrual hygiene management undermines a girl’s dignity, asdignity is reflected in conditions that allow people to live without humiliation, exclusion, or unnecessary suffering,” it stated.
“Privacy is inherently connected to dignity.” Consequently, the right to privacy includes a responsibility for the state to not only avoid infringing on privacy but also an associated duty to implement required actions to safeguard an individual’s privacy,” it stated.
It stated that the right to equality is manifested through the right to participate equally; concurrently, equal opportunity requires that all individuals have a fair opportunity to gain the skills needed to access advantages.
“Limited access to menstrual hygiene management resources undermines the right to engage on equal footing in education.”
“The lack of education leads to an inability to engage in various aspects of life later,” it stated.
It also addressed the essential right to education as outlined in Article 21 A and the RTE Act, which includes mandatory and quality education.
The ruling stated that all schools are required to comply with the regulations and standards specified in Section 19 of the RTE.
“If a school not founded, owned, or managed by the relevant government or local authority is determined to violate the stipulations of the RTE Act, it shall face derecognition and the resulting consequences would ensue,” it stated.
The Bench stated that all states and UTs must ensure that every school sets up menstrual hygiene management corners and also provided guidelines for awareness and training concerning menstrual health and puberty.
The comprehensive ruling is anticipated.
The court posed four questions, one of which is whether the lack of access to pads and toilets establishes systemic obstacles that hinder adolescent girls from engaging in education on equal footing with boys, thus violating Article 14 (equality).
It also addressed the importance of menstrual health for reproductive health and living with dignity as statedin Article 21of the Constitution.
It postponed its decision on a PIL submitted by Jaya Thakur on December 10, 2024, requesting nationwide execution of the ‘Menstrual Hygiene Policy for girls in schools’.
