Menstrual Hygiene Right Must Be Made 'Meaningful And Workable' : Supreme Court Tells Union & States

The Supreme Court on Monday directed the Union Government to address shortcomings in the implementation of its directions on menstrual hygiene management in schools, observing that menstrual hygiene has been recognised as a fundamental right flowing from Article 21 of the Constitution and that a mere declaration of the right would not suffice without effective ground-level implementation.Directing the Centre to examine and address the deficiencies highlighted by the petitioner's counsel, the Supreme Court warned that any laxity in implementing its directions would be viewed seriously. The Court reiterated that menstrual hygiene has been recognised as a fundamental right and a facet of Article 21 of the Constitution, stressing that the declaration of such a right must be accompanied by concrete action from the Union and State Governments to ensure its meaningful and effective implementation.It may be recalled that in a writ petition filed by Dr Jaya Thakur, the Supreme Court on January 30 passed pan-India directions for the implementation of the Union's national policy, 'Menstrual Hygiene Policy for School-going Girls' in schools for adolescent girl children from Classes 6-12. The judgment had also directed that every school should provide biodegradable sanitary napkins free of cost and gender segregated toilets with usable water connectivity for menstrual hygiene management. The bench comprising Justice JB Pardiwala and Justice R Mahadevan had kept the matter pending for monitoring compliance. Pursuant to this, the Union(represented by ASG Archana Pathak Dave), States and the Union Territories filed compliance. The compliance report shows that significant efforts have been taken by all stakeholders towards substantial compliance.However, the petitioner, through Advocate Varun Thakur, submitted that what the Union has filed is not a compliance report but the future recommendations for implementation and the proposed reforms. He pointed out that no field report has been placed by the Union as to how compliance has really been achieved. Thakur stated States have not placed independent compliance with the directions except for the UT of Chandigarh. Adding to this, he also informed the Court that most States are not interested in allocation of budget for implementing the directions, except for Madhya Pradesh, which has allocated Rs. 60 Lakh for the supply of sanitary products for the whole State.He also referred to the NITI Aayog Report 2026, as per which, 98592 government schools in the country do not have functional girls' toilets, while 61540 don't have any usable toilets. Also, special toilet cleaners are required to be appointed on permanent posts in all government schools, but most States are dependent on the municipality or village panchayat for sanitation.Overall, Thakur painted a sorry picture of the Union and the States' compliance and reiterated that the compliance should be towards implementation and not policy-level descriptions on paper. Noting the shortcomings, the bench directed the Union to study the note and address various issues at the earliest. It warned that any lethargy would be presumed with strict action."We direct the Union to study the note filed by the learned counsel referred to above and address itself on various aspects as highlighted therein at the earliest. Any laxity, in this regard, shall be viewed by this Court very strictly. We have declared menstrual hygiene as a fundamental right. In other words, we have declared menstrual hygiene as one of the facets of Article 21 of the Constitution. Mere declaration, by this Court, is not going to serve the purpose. The Union and all the State Governments jointly have to act in a positive manner and in the right direction to make this fundamental right more meaningful and workable."It directed the Union to continue monitoring States and UTs on compliance and periodically collect necessary data and information in this report. Union shall, in every three months, furnish a fresh report of progress. "The Union shall proceed further to see that all our directions are effectively complied with in their letter and spirit. Union should keep monitoring and guiding all the States in this regard. Union periodically should keep collecting the necessary data and information from all the States as regards due compliance of our directions. We shall keep monitoring the compliance of our directions."Case Details: DR. JAYA THAKUR v. GOVERNMENT OF INDIA AND ORS|W.P.(C) No. 1000/2022Click Here To Read OrderAppearances: Advocate Varun Thakur (for petitioner) and ASG Archana Pathak Dave (Union)Also Read: Menstrual Health Fundamental Right Under Article 21; Ensure Girls Get Free Sanitary Pads In Schools: Supreme Court

Menstrual Hygiene Right Must Be Made 'Meaningful And Workable' : Supreme Court Tells Union & States

Gursimran Kaur Bakshi

The Court warned that any laxity in compliance with its directions will be viewed strictly.

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Gursimran Kaur Bakshi

Menstrual Hygiene Right Must Be Made 'Meaningful And Workable' : Supreme Court Tells Union & States

Gursimran Kaur Bakshi

The Court warned that any laxity in compliance with its directions will be viewed strictly.

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INR 1099+GST

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Gursimran Kaur Bakshi

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