Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: SC Judgement on Menstrual Health in Schools.
Context:
The Supreme Court (SC) has declared that access to menstrual hygiene management (MHM) in educational institutions is not just a policy matter but a Fundamental Right.
- It falls under Article 21 (Right to Life and Personal Liberty).
- It is linked to Article 21A (Right to Free and Compulsory Education).
Key Takeaways:
The Constitutional Interpretation
The Court provided a profound interpretation of “Dignity” and “Life”:
- Dignity is Practical, Not Abstract: Dignity must exist in real-world conditions. For girls, a lack of hygiene facilities leads to exclusion and avoidable suffering.
- Stigma & Humiliation: The absence of MHM subjects girls to stereotyping and shame, violating their bodily autonomy and privacy.
- Equality in Education: “Menstrual poverty” prevents girls from exercising their right to education on equal footing with male students or wealthier peers.
Key Directives to States & Union Territories:
The SC issued mandatory directions to ensure compliance across India:
- Universal Applicability: Directives apply to all schools—government, government-aided, and private—in both rural and urban areas.
- Infrastructure: Schools must have functional, gender-segregated toilets.
- Access to Products:
- Supply of oxo-biodegradable sanitary napkins.
- These must be free-of-cost.
- Preferably dispensed via vending machines located inside the toilet premises for privacy.
The Supreme Court’s ruling affirms menstrual health as a fundamental right, mandating access to MHM in schools. It strengthens dignity, educational participation, and empowerment, with potential to transform millions of lives across India.
Source: (The Indian Express, The Hindu)
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