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Supreme Court Declares Menstrual Hygiene a Fundamental Right, Orders Free Sanitary Pads for Schoolgirls

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New Delhi: The Supreme Court has delivered a landmark judgment aimed at improving the health, dignity, and educational continuity of schoolgoing girls across the country. The apex court has directed all states and Union Territories to ensure the free availability of sanitary pads for female students in schools, holding that menstrual hygiene is an integral part of the right to life and privacy guaranteed under Article 21 of the Constitution.

Observing that inadequate menstrual hygiene management severely affects the dignity, health, and equality of girls, the court underlined that the issue must be addressed as a matter of fundamental rights and public health, not as charity or welfare. The bench noted that lack of access to sanitary products during menstruation often leads to absenteeism and school dropouts, particularly among adolescent girls, undermining their right to education and equal opportunity.

The judgment was delivered on a petition seeking a policy for providing free sanitary pads to girls studying from Classes 6 to 12. The plea was filed by Madhya Pradesh-based social activist Jaya Thakur, who highlighted the systemic gaps in menstrual hygiene facilities in schools and their long-term impact on girls’ education and well-being.

During the hearing, the Supreme Court directed the central government to frame a comprehensive national policy to ensure the free supply of sanitary pads and other menstrual hygiene products to schoolgoing girls from Classes 6 to 12. The court also asked states and Union Territories to inform the Centre about existing schemes and budgetary provisions related to menstrual hygiene so that a coordinated and effective framework can be developed.

Emphasising infrastructure and accessibility, the court stressed that all government, government-aided, and private schools must have functional, separate toilets for girls with adequate water facilities. It further noted that newly constructed schools should be designed to ensure privacy and fully respect the rights of students with disabilities. The court also highlighted the need for biodegradable sanitary napkins to be made available free of cost in school toilets, along with proper menstrual hygiene management systems, including arrangements for emergencies and the safe disposal of menstrual waste.

The ruling is being seen as a significant step towards normalising conversations around menstruation, reducing stigma, and ensuring that no girl is forced to compromise her education or dignity due to lack of basic hygiene facilities.

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