Health and Me

Ishita Roy

Supreme Court Declares Menstrual Hygiene As Part Of Right To Life; Free Sanitary Pads For Girls In All Schools

Supreme Court on Friday declared the right to <span>menstrual health</span> as part of the right to life under Article 21 of the Constitution. The court issued a slew of directions to ensure that every school provides biodegradable sanitary napkins free of cost to adolescent girls. The guidelines also ensured that schools must be equipped with functional and hygienic gender-segregated toilets. The Court directed the pan-India implementation of the Union's national policy, '<strong><em>Menstrual Hygiene Policy for School-going Girls</em></strong>' in schools for adolescent girl children from Classes 6-12.

Read: <a href="https://www.healthandme.com/health-wellness/menopause-clinics-explained-latest-launch-by-maharashtra-and-kerala-government-article-153532176" data-type="tilCustomLink">Menopause Clinics Explained: Latest Launch By Maharashtra And Kerala Government</a>

<h2>Supreme Court Declares Menstrual Hygiene As Part Of Right To Life: Here Are the Directions</h2>

A bench comprising Justice JB Pardiwala and Justice R Mahadevan passed the following directions:

<ul><li>All States/UT must ensure that every school, whether government-run or privately managed, in both urban and rural areas, is provided with functional gender segregated toilets with usable water connectivity. </li><li>All existing or newly constructed toilets in schools shall be designed, constructed and maintained to ensure privacy and accessibility, including by catering to needs of children with disabilities.</li><li>All school toilets must be equipped with functional washing facilities and soap and water available at all times.</li><li>All states/UTs must ensure that every school, whether government-run or privately managed, in both urban and rural areas, provide oxo-biodegradable sanitary napkins manufactured in compliance with the ASTM D-6954 standards free of cost. Such sanitary napkins must be made readily accessible to girl students, preferably within toilet premises through sanitary napkin vending machines or, where not visible, at a designated place.</li><li>All States/UTs must ensure that every school, whether government-run or privately managed, in both urban and rural areas establish menstrual hygiene management corners. It must be equipped with spare innerwears, uniforms, disposable pads and other necessary materials to address menstrual urgency.</li></ul>

The court also issued directions for the disposal of sanitary waste. Justice Pardiwala said, "This pronouncement is not just for stakeholders of the legal system. It is also meant for classrooms where girls hesitate to ask for help. It is for teachers who want to help but are restrained due to a lack of resources. And it is for parents who may not realise the impact of their silence and for society to establish its progress as a measure in how we protect the most vulnerable. We wish to communicate to every girlchild who may have become a victim of absenteeism because her body was perceived as a burden when the fault is not hers."

Read: <a href="https://www.healthandme.com/health-news/menstrual-cups-to-replace-sanitary-napkins-in-karnataka-government-schools-article-153409238" data-type="tilCustomLink">Menstrual Cups To Replace Sanitary Napkins In Karnataka Government Schools</a>

<h2>Why Is This Judgment So Important?</h2>

In India, menstruation is still seen as taboo. In fact, there is a lot of shame around it. Menstrual shame is the deeply internalized stigma, embarrassment, and negative perception surrounding menstruation, which causes individuals to feel unclean, or "less than" for a natural biological process. This judgment thus is an effort to do away with the shame rooted in cultural, social, and religious taboos, which is often the reason why many girls drop out, or due to lack of awareness, develop health adversities.

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Supreme Court on Friday declared the right to menstrual health as part of the right to life under Article 21 of the Constitution. The court issued a slew of directions to ensure that every school provides biodegradable sanitary napkins free of cost to adolescent girls. The guidelines also ensured that schools must be equipped with functional and hygienic gender-segregated toilets. The Court directed the pan-India implementation of the Union's national policy, 'Menstrual Hygiene Policy for School-going Girls' in schools for adolescent girl children from Classes 6-12.Read: Menopause Clinics Explained: Latest Launch By Maharashtra And Kerala GovernmentSupreme Court Declares Menstrual Hygiene As Part Of Right To Life: Here Are the DirectionsA bench comprising Justice JB Pardiwala and Justice R Mahadevan passed the following directions:All States/UT must ensure that every school, whether government-run or privately managed, in both urban and rural areas, is provided with functional gender segregated toilets with usable water connectivity. All existing or newly constructed toilets in schools shall be designed, constructed and maintained to ensure privacy and accessibility, including by catering to needs of children with disabilities.All school toilets must be equipped with functional washing facilities and soap and water available at all times.All states/UTs must ensure that every school, whether government-run or privately managed, in both urban and rural areas, provide oxo-biodegradable sanitary napkins manufactured in compliance with the ASTM D-6954 standards free of cost. Such sanitary napkins must be made readily accessible to girl students, preferably within toilet premises through sanitary napkin vending machines or, where not visible, at a designated place.All States/UTs must ensure that every school, whether government-run or privately managed, in both urban and rural areas establish menstrual hygiene management corners. It must be equipped with spare innerwears, uniforms, disposable pads and other necessary materials to address menstrual urgency.The court also issued directions for the disposal of sanitary waste. Justice Pardiwala said, "This pronouncement is not just for stakeholders of the legal system. It is also meant for classrooms where girls hesitate to ask for help. It is for teachers who want to help but are restrained due to a lack of resources. And it is for parents who may not realise the impact of their silence and for society to establish its progress as a measure in how we protect the most vulnerable. We wish to communicate to every girlchild who may have become a victim of absenteeism because her body was perceived as a burden when the fault is not hers."Read: Menstrual Cups To Replace Sanitary Napkins In Karnataka Government SchoolsWhy Is This Judgment So Important?In India, menstruation is still seen as taboo. In fact, there is a lot of shame around it. Menstrual shame is the deeply internalized stigma, embarrassment, and negative perception surrounding menstruation, which causes individuals to feel unclean, or "less than" for a natural biological process. This judgment thus is an effort to do away with the shame rooted in cultural, social, and religious taboos, which is often the reason why many girls drop out, or due to lack of awareness, develop health adversities.