The Supreme Court of India on Monday ordered that a public interest petition concerning the lack of functional toilets for female students in government educational institutions be assigned to the bench that previously declared menstrual health a fundamental constitutional right.
A three-judge panel comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana directed that the matter be listed before a bench headed by Justice J.B. Pardiwala. Describing the subject as highly significant, the panel noted that a comprehensive judgment addressing identical concerns was delivered on January 30.
Data Highlights School Infrastructure Deficit
The plea, instituted by Reepak Kansal against the Union government, states, and Union Territories, focuses on inadequate sanitation infrastructure for girls in public schools. During Monday’s hearing, counsel for the petitioner presented figures from a NITI Aayog report revealing that over 98,000 schools across the country still operate without functional washrooms for female pupils.
Chief Justice Surya Kant pointed out that the apex court had already laid down detailed directions on the issue in its earlier judgment and advised the petitioner’s counsel to review the existing rulings. The lawyer agreed to examine the prior directives before deciding whether to press the petition further.
Landmark Precedent on Menstrual Health
The January 30 ruling was rendered by a bench of Justices J.B. Pardiwala and R. Mahadevan. That decision held that access to safe, effective, and affordable menstrual hygiene measures is essential to personal dignity, establishing it as a component of the right to life under Article 21 of the Constitution.
The court further ruled that the right to education under Article 21A cannot be meaningfully realized without maintaining conditions that allow girl students to attend and complete their schooling with dignity. Opening the judgment, Justice Pardiwala quoted American educator and social activist Melissa Berton, stating that a period should end a sentence, not a girl’s education.
Mandated Infrastructure and Hygiene Directives
To promote gender justice and educational access, the top court issued binding directives to all states and Union Territories applicable across government-run, aided, and private schools.
The directives mandate the provision of functional, gender-segregated toilets equipped with usable water supply, along with handwashing facilities stocked with soap and water. The court specified that washrooms must be designed, constructed, and maintained to safeguard privacy and accommodate children with disabilities. Additionally, schools were instructed to provide free oxo-biodegradable sanitary napkins and establish menstrual hygiene management corners furnished with emergency supplies.
