The Supreme Court today has issued detailed directions to all States and Union Territories to ensure menstrual hygiene facilities, free sanitary napkins and functional hand-washing infrastructure in every school across the country, irrespective of whether the institution is government-run or privately managed.

The Bench of Justice J.B. Pardiwala and Justice Joymalya Bagchi has recognised the right to menstrual hygiene and access to menstrual hygiene products as a part of the right to life under Article 21 of the Constitution of India.

The Court directed that functional hand-washing facilities with soap and water must be available at all times in schools. On the issue of menstrual absorbents, it mandated that all States and Union Territories must ensure the provision of free biodegradable sanitary napkins, manufactured in compliance with the standards, to girl students in both urban and rural schools. The Court said such sanitary napkins should be readily accessible, preferably within toilet premises through vending machines, or alternatively at a designated place or with a designated authority within the school.

In addition, the Court directed the establishment of Menstrual Hygiene Management (MHM) corners in every school. These corners are to be equipped with essential materials, including spare innerwear, spare uniforms, disposable bags and other necessities to address menstruation-related emergencies. The Court noted that it had already issued separate directions regarding the safe disposal of sanitary waste, as well as awareness and training on menstrual health and puberty.

Before concluding, the Bench underscored that the judgment was not meant only for legal stakeholders. The Court observed that the pronouncement was intended for classrooms where girls hesitate to seek help, for teachers who wish to assist but lack resources, and for parents who may not fully grasp the consequences of silence around menstruation. Emphasising the societal dimension of the issue, the Court remarked that progress must be measured by how society protects its most vulnerable members.

In a particularly poignant observation, the Court addressed girl children who may have faced school absenteeism due to menstruation, stating that the fault does not lie with them, and their bodies should not be perceived as a burden. The Bench said these words must travel beyond courtrooms and law reports and reach the everyday conscience of society.

The Court made it clear that the matter would remain under judicial monitoring. It directed all States and Union Territories to file compliance reports within three months, stating that it would examine whether its directions had been fully implemented.

Appearances

Varun Thakur & Associates for the petitioner;

Amrish Kumar, Manish Kumar, Ankita Sharma, Guntur Pramod Kumar, Abhimanyu Tewari, Swati Ghildiyal, Sugandha Anand and others for the respondents.