Menstrual health part of Right to Life under Article 21: Supreme Court

New Delhi: In a landmark ruling, the Supreme Court on Friday declared that the right to menstrual health is an integral part of the fundamental right to life guaranteed under Article 21 of the Constitution.

A division bench of Justices JB Pardiwala and R Mahadevan directed all states and union territories to ensure free distribution of biodegradable sanitary pads to girl students in both government and private schools. It also asked them to ensure that all schools are equipped with functional and hygienic gender-segregated toilets.

The top court ruled that access to menstrual hygiene measures (MHM) is inseparable from the right to live with dignity and directed pan-India implementation of the Centre's 'Menstrual Hygiene Policy for School-going Girls' policy in schools for adolescent girl children from classes 6-12.


The bench issued a slew of directions in this regard.

Firstly, all states and UTs 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.

Secondly, 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.

Thirdly, all school toilets must be equipped with functional washing facilities and soap and water available at all times.

Fourthly, all states/UTs must ensure that every school provides oxo-biodegradable sanitary napkins free of cost. "Such sanitary napkins must be made readily accessible to girl students, preferably within toilet premises through sanitary napkin vending machines or, where not visible, at a designated place," the bench ordered.

Lastly, all states and union territories have been directed to ensure that every school, whether government-run or privately managed, in both urban and rural areas, establishes a menstrual hygiene management corner. It must be equipped with spare inner wears, uniforms, disposable pads and other necessary materials to address menstrual urgency, the bench ordered.

"The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective, and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health," the order said. "The right to a healthy reproductive life embraces the right to access education and information about sexual health. The right to equality is expressed through the right to participate on equal terms. At the same time, equality of opportunity necessitates that everyone has a fair chance to acquire the skills necessary to access benefits."

The ruling came on a plea seeking to ensure that free pads are provided to every female child studying between classes 6 and 12 in schools, and to ensure separate toilets for girl students in all government-aided and residential schools.

The bench pointed out that non-access to menstrual hygiene facilities can affect girls' right to education.

The court ruled that inaccessibility to menstrual hygiene measures would amount to a violation of the dignity of girl children.