The Supreme Court on Friday directed all states and union territories to provide separate toilets for women and men in schools and also mandated disabled-friendly toilets. The bench also said it will hold governments accountable if they too fail to provide toilets and free sanitary napkins to female students.
The right to menstrual health is part of the fundamental right to life enshrined in the Constitution, the apex court said, news channel PTI reported.
“The right to menstrual health is part of the right to life…”
A bench of Justices JB Pardiwala and R Mahadevan also said that all schools, whether government or controlled, will have to provide toilets suitable for disabled persons.
“The right to menstrual health is part of the right to life according to Article 21 of the Constitution,” the court stated. It said that if private schools do not provide these facilities, they will be taken away.
According to a Live Law report, the Supreme Court issued the following directions:
1. All States/UTs must ensure that every school, whether government or private, in urban and rural areas, is equipped with functional gender-segregated toilets with usable water connection. 2. All existing or newly constructed toilets in schools must be designed, constructed and maintained to ensure privacy and accessibility, including provision for the needs of children with disabilities.
2. All existing or newly constructed toilets in schools must be designed, constructed and maintained to ensure privacy and accessibility, including provision for the needs of children with disabilities.
3. All school toilets must be equipped with functional washing facilities and soap and water must be available at all times. 4. All States/UTs must ensure that every school, whether government-run or private, in urban and rural areas, provides free oxy-biodegradable sanitary napkins manufactured in accordance with ASDM-694 standards. Such sanitary napkins must be easily accessible to female students, preferably in the toilet area through sanitary napkin vending machines or, if not visible, in a designated location.
4. All States/UTs must ensure that every school, whether government-run or private, in urban and rural areas, provides free oxy-biodegradable sanitary napkins manufactured in accordance with ASDM-694 standards. Such sanitary napkins must be easily accessible to female students, preferably in the toilet area through sanitary napkin vending machines or, if not visible, in a designated location.
5. All States/UTs must ensure that every school, whether government or private, in both urban and rural areas sets up menstrual hygiene management corners. She must be equipped with spare underwear, uniforms, disposable pads and other necessary materials to deal with menstrual emergencies.
The Supreme Court reserved its verdict on a Public Interest Litigation (PIL) filed by Jaya Thakur on 10 December 2024, which seeks India-wide implementation of the “Menstrual Hygiene Policy for School-aged Girls” in government and state-aided schools for adolescent girls from classes 6 to 12.
