Menstrual health in schools is integral to right to life: SC, Pg1

Key Highlights:

• The Supreme Court declared that menstrual health and access to menstrual hygiene management (MHM) in schools are fundamental rights under Article 21 of the Constitution.
• The Court directed States and Union Territories to ensure all schools provide functional, gender-segregated toilets and free oxo-biodegradable sanitary napkins.
• Schools must establish 'MHM corners' with spare innerwear, uniforms, and disposal bags.
• The Court emphasized the importance of educating male teachers and students about menstruation to prevent harassment.

Detailed Insights:

• The absence of safe MHM measures undermines dignified existence, compelling students to absenteeism or unsafe practices, hindering their right to education.
• Menstrual poverty impairs girls' education, creating inequality compared to male counterparts and students who can afford sanitary products.
• The lack of MHM measures violates students' right to privacy and bodily autonomy, denying them the ability to manage menstruation with dignity.
• The state cannot force a child to choose between dignity and education; failure to provide sanitary napkins creates a gender-specific barrier to education.
• The Court noted that MHM includes bodily autonomy and decisional freedom, requiring access to functional toilets, menstrual products, water, and hygienic disposal mechanisms.
• The Right to Education (RTE) Act's Section 19 mandates separate washrooms and barrier-free access, holding government and private schools accountable for compliance.

Key Concepts Involved:

• Article 21: Guarantees the right to life and personal liberty, interpreted here to include menstrual health and hygiene.
• Menstrual Hygiene Management (MHM): Encompasses access to sanitary materials, facilities, and education for managing menstruation hygienically.
• Right to Education (RTE) Act: Ensures free and compulsory education for children, including norms and standards for school facilities.