Supreme Court Declares Menstrual Health in Schools a Fundamental Right Under Article 21
The Supreme Court of India has ruled that access to menstrual health and hygiene management (MHM) in educational institutions is an integral part of the fundamental right to life and dignity under Article 21. The court emphasized that the lack of these facilities subjects girls to stigma and humiliation, hindering their education. It directed States and Union Territories to ensure access to free sanitary napkins, functional gender-segregated toilets, and proper disposal mechanisms in all schools. The judgment also highlighted the need to sensitize male teachers and students to prevent harassment and invasive questioning.
Key Points
- The Supreme Court linked menstrual hygiene to the right to privacy and bodily autonomy of students.
- States must provide free sanitary napkins and 'MHM corners' in both government and private schools.
- Non-compliance with MHM standards can lead to de-recognition of private schools under the Right to Education (RTE) Act.
- The court stressed the importance of educating male students and teachers about the biological reality of menstruation to prevent harassment.
Exam Facts
- Article 21 of the Constitution (Right to Life and Dignity).
- Article 21A (Right to free and compulsory education).
- Section 19 of the Right to Education (RTE) Act (norms and standards for school infrastructure).
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