New Delhi: The Supreme Court on Friday directed all states and Union Territories to ensure that girl students in both private and government schools are provided biodegradable menstrual sanitary pads for free, affirming that the right to menstrual health is part of the fundamental right to life under the Constitution.
A bench of Justices J B Pardiwala and R Mahadevan also instructed states and Union Territories to ensure separate toilets for female and male students in all schools. The court further ruled that all schools, regardless of being state-run or private, must provide disabled-friendly toilets.
“The right to menstrual health is part of the right to life under Article 21 of the Constitution,” the bench stated. It added that private schools failing to provide these facilities will face de-recognition. The court also emphasised that governments will be held accountable if they fail to ensure proper toilets and free sanitary pads for girls.
The Supreme Court’s observations come in response to a Public Interest Litigation (PIL) filed by Jaya Thakur on December 10, 2024, which sought pan-India implementation of the Union government’s ‘Menstrual Hygiene Policy for school-going girls’. The PIL calls for mandatory provision of sanitary pads in government and government-aided schools for adolescent girls from Classes 6 to 12.
The top court has reserved its verdict on the PIL.
With PTI inputs