Menstrual health not just "women's issue"; must be discussed openly in schools with boys and girls: Supreme Court

In a landmark ruling recognising the right to menstrual hygiene as a part of the right to life under Article 21 of the Constitution of India, the Supreme Court on Friday observed that menstrual health should be treated as a shared responsibility between women and men [Dr. Jaya Thakur v. Government of India].

A Bench of  Justices JB Pardiwala and R Mahadevan observed that treating menstrual health as a "women's issue" only perpetuates the stigma attached to it.

This is especially crucial in schools, the Supreme Court said, underscoring the need to hold open discussions on the subject with all students regardless of gender.

"Time is over ripe that we recognize menstrual health as a shared responsibility rather than a woman’s issue. Awareness must not be limited to girls, but extends to boys, parents, and teachers. When menstruation is discussed openly in schools, it ceases to be a source of shame. It is recognized as what it is, a biological fact. Needless to say, it must be seen as a collective effort rather than a constitutional pull," the Court said.

The Court passed the ruling on a plea to ensure that free sanitary 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.

In a judgment passed today, the Court today issued a series of directions to ensure menstrual hygiene facilities are available in schools across India and to increase awareness about menstrual health, including through changes in the school curriculum.

The Court made particular mention of the role played by young boys and male teachers in the lives of adolescent girls.

The spirit of Article 21A of the Constitution and the Right To Education Act cannot be achieved in its fullest sense merely by providing gender-segregated toilets or sanitary napkins, the Court said. More often than not, the environment that girl students face in school is an equally important factor.

"A school may have adequate facilities for menstrual hygiene, but an unsupportive, rather hostile and stigmatized environment would render them of no use. The environment at school is not a monolith of females, it consists of young boys, male teachers, and male staff," the Court explained.

Therefore, what is crucial is to eradicate the stigma associated with menstruation especially from schools. The Court emphasised that boys too must be taught and sensitised about menstruation.

"Until the whole ecosystem is sterilized of the stigma associated with menstruation, the infrastructural efforts would remain underutilized. Menstruation should not be a topic that is only shared in hushed whispers. It is crucial that boys are educated about the biological reality of menstruation. A male student, unsensitized towards the issue, may harass a menstruating girl child which may discourage her from attending school," the Court said.

In this context, the responsibility weighs even heavier on the male teachers, the Court said.

In this regard, the Court pointed to instances when a girl student might suddenly ask to leave the classroom to use the restroom. Male teachers ought to deal with such requests with sensitivity rather than suspicion or intrusive questions.

"To put briefly, we would say, ignorance breeds insensitivity, knowledge breeds empathy. All that we are trying to convey is that, men have a multifaceted role in menstrual hygiene and awareness for school-going adolescent girls. On one hand, male teachers can integrate accurate, stigma-free information into lessons. At the same time, the staff would be responsive towards maintaining cleanliness and hygiene in toilets. On the other hand, peers and classmates would be empathetic and helpful," the Court stated.

The Court proceeded to pass the following directions:

- The government is to ensure that all schools, whether government or private, in both urban and rural areas, have functional, gender-segregated toilets with usable water connectivity that are designed to ensure the privacy and dignity of students using them, including those with disabilities;

- All schools must provide oxo-biodegradable sanitary napkins free of cost. These pads should be readily available to girl students, preferably in toilet premises through sanitary napkin vending machines, or, where such installation is not immediately feasible, at a designated place, or with a designated authority within the school;

- Every school must establish Menstrual Hygiene Management (MHM) corners, equipped with, including but not limited to, spare innerwear, spare uniforms, disposable bags, and other necessary materials to address menstruation-related exigencies;

- Every school must be equipped with safe, hygienic, and environmentally compliant mechanisms for the disposal of sanitary napkins, in accordance with the latest Solid Waste Management Rules;

The Court also ordered the conduct of periodic inspections in schools as well to ensure such infrastructure is in place.

[Read Judgment]