LawLoveLegal

Background of the Case The Supreme Court of India, in a significant rights-based judgment, has categorically held that the right to menstrual hygiene forms an intrinsic part of the right to life and dignity under Article 21 of the Constitution . The ruling was delivered by a Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan while deciding a writ petition seeking directions to the Union of India and States to ensure free sanitary pads and separate toilets for girl students (Classes 6 to 12) in government-aided schools. The Court expanded the scope of constitutional guarantees by linking menstrual health, dignity, equality, privacy, and access to education into a single enforceable rights framework. Core Constitutional Questions Before the Court The Bench framed and conclusively answered the following constitutional questions: Whether the absence of gender-segregated toilets violates Article 14 (Right to Equality) Whether denial of access to menstrual hygiene products v...

Supreme Court Calls for Clarity on Menstrual Hygiene Policy Implementation in Schools The Supreme Court has voiced concerns regarding the ground realities of menstrual hygiene in Indian schools , urging the Centre to address discrepancies and inefficiencies before implementing a comprehensive policy. The plea highlights the dire need for menstrual hygiene management (MHM)  for girls aged 11 to 18, particularly from disadvantaged backgrounds.   Judicial Directive: Address Ground Realities A bench comprising Justices JB Pardiwala and Pankaj Mithal directed Additional Solicitor General (ASG) Aishwarya Bhati to clarify issues raised by the petitioner and provide a response by December 3. The Court emphasized the importance of a data-driven approach , urging the government to assess the ground situation accurately.   Policy Overview and Gaps    The Union Government has formulated the National Policy on Menstrual Hygiene for School-Going Girls , which outlin...