Supreme Court Ruling on Menstrual Health

The Supreme Court of India declared menstrual health and access to menstrual hygiene management (MHM) in educational institutions as part of the fundamental right to life and dignity under Article 21 of the Constitution.

Significance of Dignity and Autonomy

• The court emphasized that dignity must manifest in conditions allowing individuals to live without humiliation or exclusion.
• Lack of MHM measures leads to stigma, stereotyping, and humiliation for menstruating students.
• Such absence compels them to resort to unhealthy practices or absenteeism, violating bodily autonomy.

Impact on Education

The court highlighted that menstrual poverty affects girls' right to education, resulting in absenteeism or dropping out, thus impacting their long-term development and participation.

Judicial Observations

• The judgment was based on a petition by Dr. Jaya Thakur, highlighting inadequate MHM in schools.
• Lack of MHM measures violates privacy and bodily autonomy.
• MHM involves more than sanitation, encompassing bodily autonomy and decisional freedom.

State Responsibilities and Directions

• The court mandated States and Union Territories to ensure all schools have functional, gender-segregated toilets with free sanitary napkins through vending machines.
• Schools should have 'MHM corners' with necessary items for menstrual emergencies.
• States are held accountable for compliance with the Right to Education (RTE) Act regarding the provision of separate washrooms.

Role of Men in Menstruation

• The court stressed educating male teachers and students about menstruation to prevent harassment and invasive questioning.