New Delhi: The Supreme Court on Friday directed all states and Union Territories to ensure that girls in private and government schools are provided with free biodegradable sanitary pads, stating that the right to menstrual health is part of the fundamental right to life enshrined in the Constitution.
A bench of Justices J B Pardiwala and R Mahadevan directed the states and Union Territories to ensure separate toilets for girls and boys in all schools. It also said that all schools, whether run or controlled by the government, must provide proper toilet facilities for persons with disabilities. The court said, “The right to menstrual health is a part of the right to life under Article 21 of the Constitution.” It added that if private schools fail to provide these facilities, their recognition will be revoked.
The bench also said that if the governments fail to provide toilets and free sanitary pads to girls, it will hold them accountable.
The Supreme Court had reserved its judgment on December 10, 2024, on a public interest litigation (PIL) filed by Jaya Thakur. The PIL sought the implementation of the central government’s ‘Menstrual Hygiene Policy for School Going Girls’ across India for teenage girls studying in classes 6 to 12 in government and government-aided schools.
