Right to Menstrual Health as a Fundamental Right:
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.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.
Supreme Court Judgment Outcome:
- 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.
- Infrastructure Mandate: Schools must ensure functional, gender-segregated, and disabled-friendly toilets with consistent water supply and soap.
- MHM Corners: Establishment of Menstrual Hygiene Management Corners in schools equipped with spare uniforms, innerwear, and disposal bags for emergencies.
- Enforcement & Accountability: District Education Officers (DEOs) must conduct annual inspections and collect anonymous student feedback; non-compliant private schools face de-recognition.
