Right to Menstrual Health a Fundamental Right

SYLLABUS

GS-1: Role of women and women’s organization, population and associated issues; Social Empowerment.

GS-2: Structure, organization and functioning of the Executive and the Judiciary.

Context: In a landmark ruling on women’s health, the Supreme Court has declared the right to menstrual health as a fundamental right.

The Supreme Court in Dr Jaya Thakur v. Government of India has declared that the right to menstrual health and access to menstrual hygiene management (MHM) measures in educational institutions is integral to the right to life with dignity under Article 21.
The Court issued binding directions to all States and Union Territories for pan-India enforcement of the Union’s Menstrual Hygiene Policy in schools for Classes 6-12, alongside additional mandates like free oxo-biodegradable sanitary napkins, gender-segregated toilets, etc.
The Court held that the lack of menstrual hygiene facilities violates the right to privacy, bodily autonomy, dignity and education of adolescent girls.
The Court interpreted the Right of Children to Free and Compulsory Education Act, 2009, through the lens of menstrual health and held that “free education” under Section 3 extends beyond waiver of tuition fees to removal of all financial barriers that hinder a child’s education.
The court’s reasoning is anchored in the concept of “substantive equality”. While Article 14 of the Constitution guarantees equality before the law, the court noted that treating everyone exactly the same may perpetuate inequality.
- Substantive Equality focuses on “equality in fact” or actual results.
  - Example: Providing reservations (quotas) or scholarships to ensure marginalized groups can actually secure those jobs.

All States/UT must ensure that every school, whether government-run or privately managed, in both urban and rural areas, is provided with functional gender segregated toilets with usable water connectivity.
All existing or newly constructed toilets in schools shall be designed, constructed and maintained to ensure privacy and accessibility, including by catering to the needs of children with disabilities.
All school toilets must be equipped with functional washing facilities and soap and water available at all times.
States/UTs must supply free, ASTM D-6954-compliant oxo-biodegradable sanitary napkins in all schools (whether government-run or privately managed, in both urban and rural areas), made accessible to girls preferably through toilet vending machines or discreet designated areas.
- Oxo-biodegradable sanitary napkins are conventional plastic pads with special additives that accelerate their disintegration into small pieces when exposed to oxygen, UV light, or heat.

All States and Union Territories shall ensure that every school, whether Government-run or privately managed, in both urban and rural areas, is equipped with a safe, hygienic, and environmentally compliant mechanism for the disposal of sanitary napkins, in accordance with the latest Solid Waste Management Rules.
Each toilet unit shall be equipped with a covered wastebin for the collection of sanitary material, and cleanliness and regular maintenance of such bins shall be ensured at all times.

Constitutional Expansion of Article 21: The Supreme Court decisively expanded the scope of Article 21 by recognizing menstrual health as inseparable from life, dignity, privacy, and bodily autonomy under Article 21.
Education with Dignity, Not Mere Access: By linking lack of menstrual hygiene facilities to absenteeism, unsafe practices, and school dropouts, the Court affirmed that education cannot be meaningful if it compromises dignity, and that the State cannot force a child to choose between schooling and self-respect.
Accountability and Enforceability: By declaring that the State concerned would be held accountable if government-run schools did not comply with Section 19 of the Right to Education Act, the ruling ensures that menstrual health obligations are enforceable, measurable, and subject to legal consequences.
- Section 19 provides for norms and standards for schools, including separate washrooms for boys and girls and barrier-free access.