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Menstrual Health Fundamental Right, Orders free Pads for Schoolgirls

New Delhi: The Supreme Court on Friday directed all states and Union Territories to provide free biodegradable menstrual sanitary pads to girl students in private and government schools and held that the right to menstrual health is part of the fundamental right to life enshrined in the Constitution.

A bench comprising Justices JB Pardiwala and R Mahadevan told states and Union Territories to provide separate toilets for male and female students in all schools. It also stated that all schools, regardless of whether they are government-run or controlled, will be required to provide disabled-friendly toilets.

The court said, “The right to menstrual health is a part of the right to life in accordance with Article 21 of the Constitution.” He said that if private schools cannot provide these opportunities, they will not be recognized.

The panel also said it would hold governments accountable if they fail to provide girls with toilets and free sanitary pads.

The apex court reserved its verdict on a PIL filed by Jaya Thakur on December 10, 2024, seeking implementation of the Union government’s “Menstrual Hygiene Policy for School-Going Girls” across India in government and government-aided schools for adolescent girl students from Class 6 to Class 12.

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