Menstrual Health Is a Fundamental Right Under Article 21: Supreme Court
The Supreme Court of India has held that the right to menstrual health is an essential part of the right to life guaranteed under Article 21 of the Constitution. The Court said that access to safe and affordable menstrual hygiene products is directly linked to dignity, privacy, equality, and education of girl children.
The Bench observed that denying menstrual hygiene facilities leads to stigma, humiliation, and absenteeism among school-going girls. It recognised that girls have a legitimate expectation to manage menstruation in privacy and with dignity.
The ruling came while hearing a plea seeking free sanitary pads for girls studying in Classes 6 to 12 and the provision of separate toilets in schools. The Court issued detailed directions to ensure menstrual hygiene facilities across all schools in India, including government and private institutions.
Schools must now have functional, gender-segregated toilets with water facilities, free oxo-biodegradable sanitary napkins, proper disposal systems, and dedicated menstrual hygiene corners. The Court also directed regular inspections to ensure compliance.
To address stigma, the Court ordered curriculum changes through NCERT and SCERT to include education on menstruation, puberty, and related health issues such as PCOS and PCOD. It stressed that awareness must extend to boys and male teachers as well.
The Court highlighted that lack of menstrual hygiene facilities forces many girls to miss classes or drop out, violating their right to education. It also noted the added challenges faced by girls with disabilities and called for inclusive infrastructure.
Emphasising that menstrual health is a shared social responsibility, the Court said progress is measured by how society protects its most vulnerable members. It will monitor compliance with its directions and review the matter after three months.
