Supreme Court Rules Menstrual Hygiene a Fundamental Right in India

Supreme Court Rules Menstrual Hygiene a Fundamental Right in India

Joshua Freeman
Joshua Freeman•
• 2 Min.
A black and white photo of a group of women in school uniforms, with a wall in the background and text at the bottom reading "1918-1918 school girls".

Supreme Court Rules Menstrual Hygiene a Fundamental Right in India

A recent Supreme Court judgement has declared menstrual hygiene a fundamental right under the constitutional guarantees of life and dignity. The ruling now demands urgent action from schools and governments across India to address long-standing gaps in facilities and education.

The court's decision highlights a stark reality: around 2.3 crore girls drop out of school every year due to inadequate toilets and menstrual support. To tackle this, all states and Union territories must ensure gender-segregated toilets in every school within three months. Schools will also be required to provide free biodegradable or reusable sanitary pads, along with safe disposal facilities for adolescent girls.

The judgement goes further by mandating gender-responsive curriculums and staff training to assist menstruating students. It also critiques the limitations of past efforts, such as the Union health ministry's 2011 Menstrual Hygiene Scheme, which excluded out-of-school adolescent girls. Beyond infrastructure, the ruling challenges deep-rooted socio-cultural and religious taboos that have long stigmatised menstruation.

By framing menstrual hygiene as a constitutional right, the court has shifted responsibility onto authorities to dismantle barriers created by patriarchal norms. Schools and governments now face a strict deadline to implement these changes.

The Supreme Court's order sets clear deadlines for schools and governments to act. Within three months, every school must have segregated toilets, free sanitary products, and proper disposal systems. The judgement also pushes for broader educational reforms to address menstrual stigma and support girls' right to dignity and equal opportunity.

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