Menstruation Should Not Be Source Of Shame; School Boys Also Must Be Sensitised About It : Supreme Court
"When menstruation is discussed openly in schools, it ceases to be a source of shame," the Court observed.
The Supreme Court today(January 30) underscored the role of male teachers and staff in schools and men in general in ensuring that an ecosystem of stigma is not associated with menstruation so that adolescent girls can be equal participants in schools and have access to other opportunities.
It said that even if schools have gender-segregated toilets and access to menstrual hygiene management, unless menstruation is not treated as a taboo by the school and its ecosystem, infrastructural efforts would remain underutilised.
"All that we are trying to convey is that, men have a multifaceted role in menstrual hygiene and awareness for school-going adolescent girls. On one hand, male teachers can integrate accurate, stigma-free information into lessons. At the same time, the staff would be responsive towards maintaining cleanliness and hygiene in toilets. On the other hand, peers and classmates would be empathetic and helpful."
A bench comprising Justice JB Pardiwala and Justice R Mahadevan, while observing that the right to menstrual hygiene is a part of Article 21, has held that menstruation as a topic should not only be shared in hushed whispers. Young boys must be educated about the biological realities.
"Menstruation should not be a topic that is only shared in hushed whispers. It is crucial that boys are educated about the biological reality of menstruation. A male student, unsensitized towards the issue, may harass a menstruating girl child which may discourage her from attending school."
In this context, it has said that the responsibility lies with the male teachers. They must be sensitised to the needs of the girl child. "For instance, a request to the restroom or the sudden need to leave the classroom must be treated with sensitivity rather than straight dismissal or invasive questioning. To put briefly, we would say, ignorance breeds insensitivity, knowledge breeds empathy."
It stated that menstrual health is a shared responsibility rather than a woman's issue. Therefore, awareness must not be limited to girls, but must extend to boys, parents, and teachers.
"When menstruation is discussed openly in schools, it ceases to be a source of shame. It is recognized as what it is, a biological fact. Needless to say, it must be seen as a collective effort rather than a constitutional pull."
The Court today passed directions for the States and Union Territories to ensure that free sanitary pads are provided to girls in colleges and that there should be gender-segregated toilets in government and private schools.
Case Details: DR. JAYA THAKUR v. GOVERNMENT OF INDIA AND ORS|W.P.(C) No. 1000/2022
Citation : 2026 LiveLaw (SC) 94
Appearances: Advocate Varun Thakur (for petitioner) and ASG Aishwarya Bhati (Union)