'Right to menstrual health fundamental right': SC orders separate male, female, disabled-friendly toilets in all schools

The Supreme Court, on Friday, ordered all states, Union Territories to ensure separate toilets for female and male students in schools, and also directed for disable-friendly toilets. The bench also said that it would hold governments accountable if they too fail to provide for toilets and free sanitary pads to female students.

Right to menstrual health part of fundamental right to life enshrined in Constitution, said the apex court, reported news wire PTI.

‘Right to menstrual health part of right to life…’

A bench of Justices J B Pardiwala and R Mahadevan also said that all schools, irrespective of whether they are state-run or controlled, will have to provide disabled-friendly toilets.

"The right to menstrual health is part of the right to life under Article 21 of the Constitution," the court held. It said that if private schools fail to provide these facilities, they will be de-recognised.

According to a report by Live Law, the Supreme Court has passed the following directions:

1. All States/UT must ensure that every school, whether government-run or privately managed, in both urban and rural areas, is provided with functional gender segregated toilets with usable water connectivity. 2. All existing or newly constructed toilets in schools shall be designed, constructed and maintained to ensure privacy and accessibility, including by catering to needs of children with disabilities.

2. All existing or newly constructed toilets in schools shall be designed, constructed and maintained to ensure privacy and accessibility, including by catering to needs of children with disabilities.

3. All school toilets must be equipped with functional washing facilities and soap and water available at all times. 4. All states/UTs must ensure that every school, whether government-run or privately managed, in both urban and rural areas, provide oxyzo-biodegradable sanitary napkins manufactured in compliance with the ASDM-694 standards free of cost. Such sanitary napkins must be made readily accessible to girl students, preferably within toilet premises through sanitary napkin vending machines or, where not visible, at a designated place.

4. All states/UTs must ensure that every school, whether government-run or privately managed, in both urban and rural areas, provide oxyzo-biodegradable sanitary napkins manufactured in compliance with the ASDM-694 standards free of cost. Such sanitary napkins must be made readily accessible to girl students, preferably within toilet premises through sanitary napkin vending machines or, where not visible, at a designated place.

5. All States/UTs must ensure that every school, whether government-run or privately managed, in both urban and rural areas establish menstrual hygiene management corners. It must be equipped with spare innerwears, uniforms, disposable pads and other necessary materials to address menstrual urgency.

The top court has reserved its verdict on a Public Interest Litigation (PIL) filed by Jaya Thakur on December 10, 2024, seeking pan-India implementation of the Union government's 'Menstrual Hygiene Policy for school-going girls' in government and government-aided schools for adolescent girls students from Classes 6 to 12.