Prelims: Current events of national and international importance | Polity
Why in News?
Recently, the Supreme Court of India recognized access to menstrual hygiene as a fundamental right.
Aim – To ensure dignified, equal, and uninterrupted access to education for girl students.
To mandate adequate menstrual hygiene facilities in schools.
Constitutional Basis – Article 14 (Equality before the law) – Under the concept of substantive equality,equal treatment may require unequal support to address disadvantage.
Article 21 (Right to Life & Dignity) – Menstrual hygiene is integral to dignity, bodily autonomy, and privacy.
Right to Education (RTE Act, 2009) – The term “free education” in Section 3 of the RTE Act is not limited to waiving tuition fees.
It implies the removal of any financial barrier that causes absenteeism or dropouts.
Section 19 of the RTE Act mandates schools to maintain specific norms and standards, including separate toilets for boys and girls.
Key Observations – The court observed that the lack of menstrual hygiene facilities converts a biological reality into a structural exclusion.
Absence of sanitary products and toilet places girls at an unequal footing in schools.
Denial of menstrual hygiene measures leads to stigma, humiliation, absenteeism, and dropouts.
Directions to the State –
Free Sanitary Napkins – All government and private schools must provide sanitary napkins free of cost.
Oxo-biodegradable sanitary napkins to ensure environmental sustainability, and should be dispensed preferably through vending machines.
Safe Disposal – Hygienic and environmentally compliant disposal mechanisms with covered bins that are regularly cleaned.
Functional Toilets – Gender-segregated toilets with water, privacy, accessibility, and hand-washing facilities.
MHM Corners – “Menstrual Hygiene Management (MHM) corners”equipped withessentials like spare innerwear, spare uniforms, and disposable bags.
Awareness & Training –
Gender-responsive curricu lum on menstruation by NCERT/SCERT.
Training for all teachers.
Sensitisation of boys to reduce stigma.
Monitoring – Periodic inspections and anonymous student feedback by District Education Officers (DEO).
