The Supreme Court of India has issued a set of directions declaring that access to menstrual hygiene management (MHM) means at schools and the right to menstrual health comes under Article 21 of the Constitution, the right to life and dignity.
On Friday, January 30, the Bench of Justices J.B. Pardiwala and R. Mahadevan directed all the government and non-government funded schools to provide biodegradable sanitary napkins along with the facility of separate toilets to girls who are in their adolescent period of life. The directions were passed in Dr. Jaya Thakur vs Government of India & Ors.
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Menstrual hygiene linked to dignity and education
In the judgment, the Bench observed that, "Dignity cannot be reduced to an abstract ideal; it must find expression in conditions that enable individuals to live without humiliation, exclusion, or avoidable suffering. For menstruating girl children, the inaccessibility of MHM measures subjects them to stigma, stereotyping, and humiliation."
The Court also added, highlighting that the availability of safe menstrual products is the way towards building safe menstrual hygiene amongst adolescent girls. “A girl child’s expectation to manage her menstruation in privacy with dignity is legitimate. In such circumstances, the lack of resources cannot be permitted to govern her autonomy over her own body,” the court noted. It said MHM was not limited to traditionally understood sanitation, but included bodily autonomy and decisional freedom.
SC's directions to states, schools and authorities
"Menstrual poverty hinders menstruating girls from exercising their right to education with dignity equal to that of their male counterparts, or students who can afford sanitary products," saying that the Bench also emphasised on the significance of primary and secondary education in an individuals life and the lasting impact of that education on not only their development but also plays a major rol in their "long-term social and economic participation."
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The Supreme Court has directed all States and Union Territories to ensure that every school, government-run or private, in both urban and rural areas, has functional, gender-segregated toilets and easy access to oxo-biodegradable sanitary napkins, preferably through vending machines inside toilet areas. Schools must also set up ‘MHM corners’ with essentials such as spare innerwear, uniforms and disposable bags. The court said States will be accountable if government schools fail to meet RTE norms, while private schools may face de-recognition for non-compliance.
