GS 2: Social JusticeGS 2: PolityGS 1: Indian SocietyPrelims

SC: Menstrual health is a part of fundamental right to life (Orders free sanitary pads, separate toilets in all govt and private schools), Pg1

Supreme Court mandates menstrual hygiene measures in all schools, recognizing menstrual health as a fundamental right under Article 21.

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Key Highlights:

  • The Supreme Court has declared that menstrual health is a fundamental right under Article 21 of the Constitution.
  • All States and UTs are directed to implement Menstrual Hygiene Management (MHM) measures in all government and private schools within three months.
  • MHM measures include gender-segregated toilets and free sanitary napkins.
  • Non-compliance may lead to de-recognition of private schools and state government accountability.

Detailed Insights:

  • The ruling emphasizes that lack of MHM measures subjects menstruating girls to stigma, stereotyping, and humiliation, violating their right to live with dignity.
  • Absence of MHM disrupts girls' education, leading to absenteeism, learning gaps, lower academic performance, and increased dropout rates.
  • Schools must provide functional, gender-segregated toilets with water connectivity and oxo-biodegradable sanitary napkins compliant with ASTM D-6954 standards.
  • Schools should establish MHM corners equipped with spare innerwear, uniforms, disposable bags, and safe disposal mechanisms for sanitary napkins, adhering to solid waste management rules.
  • NCERT and SCERT are directed to incorporate gender-responsive curricula on menstruation, puberty, and related health concerns to break stigma.
  • NCPCR or SCPCR will oversee the implementation of these directions.

Key Concepts Involved:

  • Article 21: Guarantees the right to life and personal liberty, interpreted here to include menstrual health.
  • Menstrual Hygiene Management (MHM): Comprehensive measures ensuring access to menstrual products, sanitation, and education.
  • Right to Education Act: Mandates schools to provide basic infrastructure and facilities, including separate toilets for boys and girls.
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