NEW DELHI: The Supreme Court on Friday (Jan 30) ruled that the right to menstrual health and hygiene is part of the Right to Life guaranteed by Article 21 and the Right to Free and Compulsory Education guaranteed by Article 21A of the Constitution.
The court directed all schools in the country, both private and government, to implement the ‘Menstrual Hygiene Policy for School-going Girls’ in schools for girl children from Classes 6-12.
The schools in both rural and urban areas will have to provide free of cost biodegradable sanitary napkins of the highest safety and hygiene standards to adolescent girls.
Delivering the landmark judgement, a bench of Justices JB Pardiwala and R Mahadevan asked authorities to ensure the establishment of menstrual hygiene management facilities in schools.
“All States/UTs must ensure that every school, whether government-run or privately managed, in both urban and rural areas, is provided with functional gender-segregated toilets with usable water connectivity,” the bench ruled, adding that toilets in schools shall also cater to needs of children with disabilities.
Schools have been ordered to establish menstrual hygiene management corners. “They must be equipped with spare innerwear, uniforms, disposable pads and other necessary materials to address menstrual urgency.”
The court has also issued directions for the disposal of sanitary waste.
“Before parting with the issue, we want to say that 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,” Justice Pardiwala observed.
The apex court has given three months’ time to all States and Union Territories to file their compliance report. The bench warned that failure to comply with the decision would result in the de-recognition of schools. - The Statesman/ANN
