Menstrual Health in Schools is Integral to Right to Life

The Supreme Court held that the right to menstrual health and access to menstrual hygiene management (MHM) in schools forms an integral part of the fundamental right to life and dignity under Article 21 of the Constitution.

Supreme Court’s Observations

• Article 21 and Dignity: The Court observed that “dignity cannot be reduced to an abstract ideal” and must translate into real conditions that allow individuals to live without humiliation, exclusion or avoidable suffering.
• Menstrual Health as a Fundamental Right: For menstruating girls, the absence of MHM facilities subjects them to stigma, stereotyping and humiliation, thereby violating their right to life with dignity.
• Impact of Lack of MHM Measures in Schools:
  • Violation of Bodily Autonomy: The absence of safe and hygienic menstrual management forces girls to either remain absent from school or adopt unsafe practices, both of which violate bodily autonomy.
  • Educational Consequences: Menstrual poverty hinders girls from exercising their right to education with dignity equal to male counterparts or students who can afford sanitary products.
  • Long-Term Effects: The Court noted that impairment of primary or secondary education has grave and lasting consequences for individual development and long-term social and economic participation.
• Substantive Equality in Education:
  • Gender-Specific Barrier: Failure to provide sanitary napkins creates a gender-specific barrier impeding attendance and continuity in education.
  • Free and Compulsory Education: Such denial defeats the substantive guarantee of free and compulsory education under Article 21A and the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
  • Equality Framework: The judgment reflects substantive equality under Article 14 and is consistent with Article 15(3), which permits special provisions for women and girls.
• Right to Privacy and Bodily Autonomy:
  • Autonomy Over the Body: The Court held that lack of MHM measures violates the right to privacy and bodily autonomy of students.
  • Choice vs Compulsion: Denial of facilities forces girls to manage their bodies based on circumstances rather than choice, negating meaningful autonomy.
• State Obligation and Educational Equity
  • Dignity vs Education: The State cannot force a child to choose between dignity and education, as such a choice is unjust and inequitable.
  • Constitutional Duty: Ensuring menstrual health is a positive obligation of the State, flowing from Article 21 and the Right to Education.
• Role of Men in Menstruation Awareness:
  • Sensitisation: The Court stressed the importance of educating male teachers and students about the biological reality of menstruation.
  • Preventing Harassment: Sensitisation is necessary to prevent harassment, stigma, or invasive questioning of menstruating students in schools

Scope of Menstrual Hygiene Management (MHM)

• Beyond Sanitation: The Court clarified that MHM is not limited to sanitation, but includes bodily autonomy and decisional freedom.

• Essential Facilities: Meaningful autonomy requires access to Functional toilets, Adequate menstrual products, Availability of water, Hygienic mechanisms for disposal.

Directions Issued by the Supreme Court

• Universal Coverage: States and Union Territories must ensure compliance of MHM standards in all schools, whether government-run or privately managed, in urban and rural areas.

• Sanitation Infrastructure: Schools must provide functional, gender-segregated toilets.
• Access to Sanitary Napkins: Oxo-biodegradable sanitary napkins must be made readily accessible, free of cost, preferably within toilet premises, through sanitary napkin vending machines.
• MHM Corners: Schools must establish ‘MHM corners’ equipped with spare innerwear, spare uniforms, disposable bags and other necessary materials to address menstruation-related exigencies.
• Accountability under the RTE Act:
• • Government Schools: States will be held accountable if government-run schools fail to comply with Section 19 of the Right to Education (RTE) Act, which mandates norms such as separate washrooms for boys and girls.
  • Private Schools: Private schools will face de-recognition and legal consequences if they fail to comply with similar norms under the RTE Act

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Government Initiatives Supporting Menstrual Hygiene

• Menstrual Hygiene Scheme (MHS): 
  • The Scheme aims to promote menstrual hygiene among adolescent girls aged 10–19 years, particularly in rural areas.
  • It provides free or subsidised sanitary napkins, along with awareness and behavioural change communication
• Rashtriya Kishor Swasthya Karyakram (RKSK):
  • A comprehensive adolescent health programme under the National Health Mission.
  • It covers six priority areas, including menstrual health, nutrition, sexual and reproductive health, and mental health.
• Swachh Bharat – Swachh Vidyalaya: Focuses on construction and maintenance of toilets in schools, including separate toilets for girls.

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