Why in the News?

The Supreme Court of India ruled on January 30, 2026 that menstrual health and access to menstrual hygiene management (MHM) in schools are integral to the Right to Life and Dignity under Article 21 of the Constitution.

What the Court Held

• Right to menstrual health is part of Article 21, covering dignity, privacy, and bodily autonomy.
• Lack of MHM facilities exposes girls to stigma, humiliation, and exclusion.
• Menstrual poverty violates right to education by causing absenteeism and dropouts.

Key Constitutional Dimensions

• Dignity: Girls must manage menstruation without humiliation.
• Privacy and Bodily Autonomy: Choice cannot be dictated by lack of facilities.
• Equality in Education: Gender-specific barriers defeat free and compulsory education.

Important Observations

• MHM goes beyond sanitation to include decisional freedom.
• Unsafe practices or forced absenteeism undermine a dignified existence.
• Impairment of education has long-term social and economic consequences.

Directions Issued by the Court

• Functional gender-segregated toilets in all schools, government and private.
• Free-of-cost oxo-biodegradable sanitary napkins, preferably via vending machines in toilets.
• Creation of MHM corners with spare innerwear, uniforms, disposable bags, and essentials.
• Sensitisation of male teachers and students to prevent harassment and invasive questioning.

Accountability Mechanism

• Government schools held accountable for non-compliance with Section 19 of the RTE Act.
• Private schools face de-recognition and penalties for violating prescribed norms.

Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now