The Supreme Court of India has ruled that menstrual hygiene is part of the right to life under Article 21 and should be treated as a shared responsibility of men and women. The Court stressed that open discussion on menstruation in schools with both boys and girls is essential to end stigma and ensure dignity for girl students.
In a landmark and progressive judgment, the Supreme Court of India has recognised menstrual hygiene as an essential part of the right to life under Article 21 of the Constitution. The Court made it clear that menstrual health is not only a woman’s issue but a shared responsibility of both women and men. The ruling came on Friday.
A Bench comprising Justices JB Pardiwala and R Mahadevan observed that treating menstruation as a problem concerning only women continues to strengthen the stigma attached to it. The Court said that this mindset must change, especially in schools, where open and inclusive discussions about menstruation are necessary for all students, irrespective of gender.
The Supreme Court emphasised that awareness about menstruation should not be limited to girls alone. Instead, boys, parents, teachers, and school staff must also be educated. Highlighting the need for open conversations, the Court observed:
“Time is over ripe that we recognize menstrual health as a shared responsibility rather than a woman’s issue. Awareness must not be limited to girls, but extends to boys, parents, and teachers. When menstruation is discussed openly in schools, it ceases to be a source of shame. It is recognized as what it is, a biological fact. Needless to say, it must be seen as a collective effort rather than a constitutional pull,”
The Court further stated:
“When menstruation is discussed openly in schools, it ceases to be a source of shame.”
The judgment was delivered while hearing a plea seeking directions to ensure that free sanitary pads are provided to all female students studying in Classes 6 to 12 and that separate toilets are available for girl students in all government-aided and residential schools.
In its judgment, the Court issued multiple directions to ensure proper menstrual hygiene facilities in schools across India and to increase awareness through suitable changes in the school curriculum.
The Supreme Court laid special emphasis on the role of young boys and male teachers in the lives of adolescent girls. It observed that the objectives of Article 21A of the Constitution and the Right to Education Act cannot be fully achieved merely by providing toilets or sanitary napkins.
The overall school environment also plays a very important role in ensuring dignity and safety for girl students.
The Court explained:
“A school may have adequate facilities for menstrual hygiene, but an unsupportive, rather hostile and stigmatized environment would render them of no use. The environment at school is not a monolith of females, it consists of young boys, male teachers, and male staff,”
Stressing the urgent need to remove stigma related to menstruation from schools, the Court said that boys must also be taught and sensitised about the subject. It warned that lack of awareness among boys could result in harassment of menstruating girls, discouraging them from attending school. In this context, the Court observed:
“Until the whole ecosystem is sterilized of the stigma associated with menstruation, the infrastructural efforts would remain underutilized. Menstruation should not be a topic that is only shared in hushed whispers. It is crucial that boys are educated about the biological reality of menstruation. A male student, unsensitized towards the issue, may harass a menstruating girl child which may discourage her from attending school,”
The Court stated that the responsibility becomes even more significant for male teachers. It pointed out that situations such as a girl suddenly asking to leave the classroom to use the restroom must be handled with sensitivity and understanding, rather than suspicion or intrusive questioning.
Summing up its approach, the Supreme Court observed:
“To put briefly, we would say, ignorance breeds insensitivity, knowledge breeds empathy. All that we are trying to convey is that, men have a multifaceted role in menstrual hygiene and awareness for school-going adolescent girls. On one hand, male teachers can integrate accurate, stigma-free information into lessons. At the same time, the staff would be responsive towards maintaining cleanliness and hygiene in toilets. On the other hand, peers and classmates would be empathetic and helpful,”
The Court reiterated this message by stating:
“Men have a multifaceted role in menstrual hygiene and awareness for school-going adolescent girls.”
Following these observations, the Supreme Court issued several important directions to be implemented across the country.
The Court directed the government to ensure that all schools, whether government or private, in urban and rural areas, have functional, gender-segregated toilets with proper water connectivity, designed to maintain privacy and dignity, including for students with disabilities.
The Court further directed that all schools must provide oxo-biodegradable sanitary napkins free of cost to girl students. These sanitary pads should be easily accessible, preferably through vending machines installed in toilets, or through designated authorities within the school if such machines cannot be installed immediately.
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The Court also ordered that every school must set up Menstrual Hygiene Management (MHM) corners. These corners should be equipped with essential items such as spare innerwear, spare uniforms, disposable bags, and other necessary materials to manage menstruation-related emergencies.
Additionally, the Supreme Court directed that all schools must have safe, hygienic, and environmentally compliant systems for the disposal of sanitary napkins, in line with the latest Solid Waste Management Rules.
The Court also ordered periodic inspections of schools to ensure that all these directions are properly implemented.
This judgment is being widely seen as a major step towards ensuring dignity, equality, and uninterrupted education for adolescent girls, while also breaking long-standing social taboos around menstruation in India.
Case Title:
Dr. Jaya Thakur v. Government of India.
Read Order:
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