In a landmark judgment on Friday, the Supreme Court declared that the right to menstrual hygiene is an integral part of the ‘Right to Life’ and the ‘Right to Privacy’ under Article 21 of the Constitution. A bench comprising Justice JB Pardiwala and Justice R Mahadevan issued stringent directions to all States and Union Territories, ordering them to ensure free sanitary pads and adequate sanitation facilities for school-going girls.
The proceedings were initiated after the Supreme Court took suo motu cognisance of a disturbing incident in November 2023 at Maharshi Dayanand University (MDU) in Haryana. In that instance, three women sanitation workers were allegedly forced to send photographs of their sanitary pads to prove they were menstruating. Following this “period-shaming” incident, the Supreme Court Bar Association (SCBA) filed a petition highlighting the invasive checks, lack of basic facilities, and degrading treatment faced by women and girls in educational institutions and workplaces.
Key Directions of the Court
To uphold the health, dignity, and equality of female students, the Court issued the following binding directions:
- Free Sanitary Napkins: All States and Union Territories are directed to provide biodegradable sanitary napkins free of cost to girl students in all schools.
- Separate Toilets: The provision of separate toilets for boys and girls is now mandatory in both government and private schools. Additionally, schools must ensure the availability of disability-friendly toilets.
- Action Against Private Schools: The Court made it clear that private institutions failing to provide separate toilets or free sanitary pads could face derecognition.
- Accountability: The Supreme Court warned that it would hold governments directly accountable if they failed to provide these essential facilities.
Pronouncing the judgment, Justice JB Pardiwala observed that access to menstrual hygiene is not a matter of charity or policy discretion, but a constitutional entitlement flowing from the right to live with dignity and bodily autonomy.
The Court stated, “This pronouncement is not just for stakeholders of the legal system. It is also meant for classrooms where girls hesitate to ask for help. It is for teachers who want to help but are not able to due to the lack of resources. Progress is measured by how we protect the vulnerable.”
The bench further noted that the lack of basic facilities and the stigma surrounding menstruation directly impact girls’ health, education, and privacy. During earlier hearings, a bench of Justice BV Nagarathna and Justice R Mahadevan had also expressed concern over such practices, stating that if a woman is unable to perform heavy work due to menstrual pain, alternative arrangements should be made instead of subjecting her to degrading scrutiny.
