Right to Menstrual Health as a Fundamental Right

Context: The Supreme Court of India, in a landmark verdict Dr. Jaya Thakur vs Government Of India, declared the right to menstrual health a fundamental right under Article 21, ordering all schools to provide free sanitary pads and gender-segregated toilets.

About Right to Menstrual Health as a Fundamental Right:

What it is?

• The Supreme Court has expanded the scope of the Right to Life to include menstrual hygiene management (MHM). It ruled that menstruation is a biological reality that should not lead to structural exclusion or the loss of educational opportunities.
• By elevating it to a fundamental right, the Court established that providing pads and toilets is not an act of charity by the State, but a constitutional obligation to ensure dignity, privacy, and equality for girl students.

Constitutional Articles Involved:

• Article 21: Right to life and personal dignity. The court held that dignity is violated when girls face humiliation or absenteeism due to lack of facilities.
• Article 14: Right to equality. Inaccessible MHM creates a gender-specific barrier that prevents girls from competing equally with boys.
• Article 21A: Right to free and compulsory education. The ruling ensures that menstrual poverty does not force girls to drop out of the education system.

Supreme Court Judgment Outcome:

1. Mandatory Free Pads: All government and private schools must provide free, bio-degradable (ASTM D-6954 standard) sanitary napkins to girls in Classes 6–12.
2. Infrastructure Mandate: Schools must ensure functional, gender-segregated, and disabled-friendly toilets with consistent water supply and soap.
3. MHM Corners: Establishment of Menstrual Hygiene Management Corners in schools equipped with spare uniforms, innerwear, and disposal bags for emergencies.
4. Enforcement & Accountability: District Education Officers (DEOs) must conduct annual inspections and collect anonymous student feedback; non-compliant private schools face de-recognition.

Importance of Recognizing Menstrual Rights:

• Ensuring Educational Continuity: Prevents girls from falling behind due to monthly absences.

E.g. Recent 2025 reports indicate girls in rural India miss 2–5 days of school monthly; this ruling aims to end such punctuated schooling.

• Upholding Human Dignity: Protects girls from the shame and biological burden associated with lack of privacy.

E.g. The Court noted that girls often hesitate to ask for help, and this legal recognition empowers them to claim their rights without stigma.

• Improving Health Outcomes: Prevents Reproductive Tract Infections (RTIs) caused by using unhygienic alternatives like old rags.

E.g. Studies in 2024-25 show a direct link between poor MHM and rising cases of bacterial vaginosis among adolescent girls in urban slums.

• Promoting Gender Equality: Levels the playing field by removing a barrier that only affects female students.

E.g. Addressing menstrual poverty ensures that a girl’s biology does not dictate her economic and social mobility compared to male peers.

• Environmental Sustainability: Mandating biodegradable products prevents massive plastic waste in school sanitation systems.

E.g. The 2026 directive specifically mentions oxo-biodegradable pads to align with India’s Green Initiatives and Solid Waste Management Rules.

Challenges in Implementation:

• Infrastructure Maintenance: Building toilets is easier than ensuring they remain functional and clean over time.

E.g. 2025 surveys found that while many schools have separate toilets on paper, many lack water connectivity or working locks.

• Deep-Rooted Social Stigma: Cultural taboos often prevent students and even teachers from discussing or utilizing provided facilities.

E.g. In parts of Rajasthan and Odisha, girls are still restricted from communal spaces during periods, affecting their willingness to use school MHM corners.

• Last-Mile Supply Chain: Ensuring a consistent supply of pads to remote, tribal, or hilly regions remains a logistical hurdle.

E.g. Implementation gaps in the Menstrual Hygiene Scheme have previously led to months of stock-outs in rural Bihar and Jharkhand.

• Sensitivity of Male Staff: A lack of awareness among male teachers can lead to insensitive questioning of girls needing breaks.

E.g. The SC specifically highlighted that male students and teachers must be sensitized to prevent harassment or invasive questioning.

• Disposal Mechanisms: Improper disposal can lead to clogged drains and health hazards if incinerators or bins aren’t maintained.

E.g. Several urban schools in 2024 reported unsafe disposal (flushing pads) due to a lack of discrete, functional dustbins in stalls.

Way Ahead:

• Curriculum Integration: NCERT/SCERT should include age-appropriate menstrual education for all genders to normalize the topic.
• Vending Machines & Incinerators: Prioritize automated dispensing and safe disposal units within toilet stalls to ensure maximum privacy.
• Community Engagement: Involve ASHAs and Anganwadi workers to educate parents, ensuring the silence at home is broken alongside the school.
• Digital Monitoring: Develop a real-time portal for schools to report stock levels and for DEOs to upload inspection photos.
• Incentivizing Local Production: Support Self-Help Groups (SHGs) to manufacture biodegradable pads locally to reduce costs and ensure supply.