Orders free sanitary pads, separate toilets for schoolgirls
New Delhi: Declaring the right to dignified menstrual health as part of the right to life and education under the Constitution, the Supreme Court on Friday directed all states and Union territories to provide free oxo-biodegradable sanitary napkins to girl students and functional, gender-segregated toilets for all the students.
In a landmark judgment to ensure gender justice and educational equity, a bench comprising Justices JB Pardiwala and R Mahadevan issued a slew of directions to all states and UTs to ensure that these facilities are provided in schools irrespective of whether they are government-run, aided or private.
“A period should end a sentence, not a girl’s education,” Justice Pardiwala opened the 126 judgment with a poignant quote from American educator, social activist and producer Melissa Berton, and said, “The issues that have unfolded before us echo the very same judicial disquiet. Even with the passage of time, the challenges that beset a girl child’s education persist in much the same form.”
The verdict warns of stringent consequences for non-compliance, including the derecognition of private schools and holding state governments directly accountable for failures in public institutions.
“The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health. The right to healthy reproductive life embraces the right to access education and information about sexual health,” the bench held.
It then referred to Article 21A (right to education) and said it has been termed as a “multiplier right” as it enables the exercise of other human rights.
“The right to education forms part of the broader framework of the right to life and human dignity, which cannot be realised without access to education,” it said.
On the substantive approach to equality under Article 14, the verdict said it demands that treatment be accorded with due regard to the individual, institutional, systemic and contextual barriers that impede the translation of rights in reality.
“At the same time, the State, as a benefactor, is under an obligation to remedy such structural disadvantages,” it said.
“The inaccessibility of menstrual hygiene management measures undermines the dignity of a girl child, as dignity finds expression in conditions that enable individuals to live without humiliation, exclusion or avoidable suffering. Privacy is inextricably linked with dignity.
“As a corollary, the right to privacy entails a duty on the State to not only refrain from violating privacy but an accompanying obligation on the State to take necessary measures to protect the privacy of an individual,” it said.
The bench said inaccessibility of menstrual hygiene management measures strips away the right to participate on equal terms in school and the domino effect of the absence of education is the inability to participate in all walks of life later.
It said the fundamental right to education under Article 21A and the Right to Education (RTE) Act comprises free, compulsory and quality education and it includes all kinds of charges or expenses that would prevent a child from pursuing and completing elementary education.
Issuing a slew of directions, it directed that “all states and UTs shall ensure that every school, whether government-run or privately managed, in both urban and rural areas, provides oxo-biodegradable sanitary napkins manufactured in compliance with the ASTM D-6954 standards free of cost.”
Such sanitary napkins shall be made readily accessible to girl students, preferably within the toilet premises through sanitary napkin vending machines, or, where such installation is not immediately feasible, at a designated place or with a designated authority within the school, it added.
As regards the “toilet and washing facilities”, it asked them to ensure that every school is provided with the “functional, gender-segregated toilets with usable water connectivity”.
It said all the existing and newly constructed toilets in schools shall be designed, constructed and maintained to ensure privacy and accessibility, including by catering to the needs of children with disabilities.
It said all school toilets shall be equipped with functional handwashing facilities, with soap and water available at all times.
