SRINAGAR: The Supreme Court on Friday directed all States and Union Territories to ensure the free distribution of biodegradable sanitary napkins to girl students studying in both government and private schools, holding that menstrual health is an essential component of the fundamental right to life under the Constitution, Live Law reported.
A Bench of Justices JB Pardiwala and R Mahadevan directed authorities to provide separate toilets for male and female students in all schools and mandated the provision of disabled-friendly toilet facilities in every institution, whether government-run or privately managed.
The court observed that “the right to menstrual health forms part of the right to life under Article 21” and warned that private schools failing to comply with these requirements could face de-recognition. The Bench also stated that governments would be held accountable if they failed to ensure the availability of toilets and free sanitary pads for girls.
The Supreme Court has reserved its judgment on a public interest litigation filed by Jaya Thakur on December 10, 2024, which seeks the nationwide implementation of the Union government’s Menstrual Hygiene Policy for school-going girls for adolescent students from Classes 6 to 12 in government and government-aided schools.
Pending the final verdict, the court directed that all schools across India—private and government, in both urban and rural areas—must provide girls with free biodegradable sanitary napkins meeting the highest safety and hygiene standards. Authorities were also ordered to ensure the provision of separate toilets for female and male students, along with disabled-friendly toilets in every school.
