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 with essentials 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).
References
IE | Menstrual hygiene as a Fundamental Right
