Menstrual Hygiene Part of Right to Life Under Article 21, Supreme Court Issues Binding Directions to States and Schools

Law Notify : The Supreme Court of India has held that the right to menstrual hygiene is an essential component of the right to life guaranteed under Article 21 of the Constitution. In a significant ruling delivered on Thursday, the apex court issued a series of binding directions to States, Union Territories, and schools aimed at ensuring dignity, health, and equality for girls and women.

A Bench comprising Justice JB Pardiwala and Justice R Mahadevan directed all States and Union Territories to ensure that every school provides biodegradable sanitary napkins free of cost to adolescent girls. The court observed that the absence of basic menstrual hygiene facilities, coupled with persistent stigma around menstruation, has a direct and adverse impact on girls’ health, education, and privacy.

The Bench also ordered authorities to ensure that all schools are equipped with functional, hygienic, and gender-segregated toilets. It further directed the pan-India implementation of the Union government’s Menstrual Hygiene Policy for School-going Girls for students from Classes 6 to 12.

The court made it clear that these directions are mandatory and apply equally to government and private educational 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.

The ruling came while hearing a plea seeking free sanitary napkins and adequate sanitation facilities for school-going girls across the country.