Set up menstrual hygiene corners in schools, provide free menstrual pads and spare innerwear: Supreme Court

The Supreme Court on Friday issued a slew of directions to ensure that menstrual hygiene facilities are readily available to girl students in schools across India [Dr. Jaya Thakur v. Government of India].

A Bench of Justices JB Pardiwala and R Mahadevan issued the directives in a landmark ruling recognising that the right to menstrual health is part of right to life under Article 21 of the Constitution.

The directions issued today also call for spreading awareness about menstrual health, which the Court underscored must no longer be viewed as being a "woman's problem" but a shared responsibility.

The directions issued by the Court today include the following:

- All States and Union Territories (government) must ensure that oxo-biodegradable sanitary napkins are made available free of cost in all schools, private or government-run, in rural and urban areas;

- Such sanitary napkins shall be made readily accessible to girl students, preferably within the 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;

- The government is to ensure that every school, whether rural or urban, government or private, has functional, gender-segregated toilets with usable water connectivity;

- School toilets must cater to the privacy of students, including the needs of students with disabilities;

- All schools must have functional hand washing facilities;

- All schools must have Menstrual Hygiene Management corners, equipped with spare innerwear, spare uniforms, disposable bags, and other necessary materials to address menstruation-related exigencies;

- All schools must have mechanisms to safely dispose of menstrual pads. Each toilet unit shall be equipped with a covered waste bin for the collection of sanitary material, and cleanliness and regular maintenance of such bins shall be ensured at all times;

- School curriculum must also deal with menstrual health and hygiene. The National Council of Educational Research and Training (NCERT) and the State Council of Educational Research and Training (SCERT) have been ordered to incorporate gender-responsive curricula, more particularly, on menstruation, puberty, and other related health concerns (PCOS, PCOD, etc.), with a view to breaking the stigma and taboo associated with menstrual health and hygiene;

- School teachers must be sensitised on assisting menstruating students;

- Availability of sanitary napkins at school must be widely publicised;

- Periodic inspections are to be conducted at schools to ensure school infrastructure is up to mark in terms of access to menstrual health facilities. The Court added that while conducting such inspections, the District Education Officer must obtain anonymous feedback from the students themselves.

[Read Judgment]