Supreme Court Elevates Menstrual Hygiene to Constitutional Right Status
In a landmark judgment delivered on Friday, the Supreme Court of India has unequivocally declared that the right to menstrual hygiene constitutes an integral component of the fundamental right to life and the right to privacy, as enshrined under Article 21 of the Constitution. This historic ruling establishes menstrual dignity as a non-negotiable constitutional entitlement rather than a matter of discretionary policy or charity.
Binding Directives for Schools and Institutions Nationwide
Pronouncing its verdict on a significant plea advocating for free sanitary pads and adequate sanitation facilities for schoolgirls, the apex court has issued a series of mandatory directions to all states and Union Territories. These directives are designed to safeguard the dignity, health, and equality of girls and women across educational institutions.
The Supreme Court has specifically ordered:
- All states and Union Territories must provide biodegradable sanitary napkins free of cost to girl students in every school.
- Authorities must ensure the availability of separate toilets for female and male students in all educational establishments.
- Schools must also incorporate disability-friendly toilet facilities to ensure inclusivity.
Strict Compliance and Accountability Measures
The bench emphasized that compliance with these directives is mandatory for both government and private institutions. It issued a stern warning that private schools failing to provide separate toilets for girls and boys or not ensuring access to free sanitary pads for students could face derecognition as a consequence.
The court further clarified that it will hold governments accountable if they neglect their duty to provide these essential facilities. It observed that the lack of basic amenities and the persistent stigma surrounding menstruation have a direct and detrimental impact on girls' health, educational opportunities, and personal privacy.
Background: Triggering Incident and Judicial Scrutiny
This pivotal judgment follows judicial proceedings initiated in November of the previous year. The Supreme Court took cognizance of a deeply disturbing incident at Maharshi Dayanand University in Haryana, where three women sanitation workers were allegedly compelled to send photographs of their sanitary pads as proof of menstruation. This incident sparked nationwide outrage and brought the issue of "period-shaming" to the forefront of public discourse.
A bench comprising Justices BV Nagarathna and R Mahadevan had expressed grave concern over such degrading practices in educational institutions and workplaces, noting they reflected a troubling societal mindset. The court had issued notice to the Centre based on a petition filed by the Supreme Court Bar Association (SCBA), which highlighted multiple instances of women and girls being subjected to invasive and humiliating checks.
Legal Arguments and Broader Implications
In its petition, the SCBA argued that such practices constituted a gross violation of women's right to life, dignity, privacy, and bodily integrity under Article 21. It also stressed that women workers, especially in the unorganised sector, are entitled to decent working conditions that respect biological differences and protect them from humiliating treatment during menstruation.
During earlier hearings, the court had observed that if a woman is unable to perform strenuous work due to menstruation-related discomfort, alternative arrangements should be made instead of subjecting her to degrading scrutiny. The bench had expressed hope that meaningful guidelines would emerge from the case to address these systemic issues.
The Haryana government had informed the court that an inquiry was initiated into the university incident and action had been taken against two responsible individuals.
This Supreme Court ruling marks a significant step forward in India's journey towards gender equality, recognizing menstrual hygiene as a fundamental right and setting a powerful legal precedent for the protection of women's dignity and health.
