Why the Supreme Court’s menstrual hygiene ruling may not be enough for schoolgirls

The Supreme Court ruling on January 30 recognising menstrual health as a fundamental right significantly expands constitutional guarantees, but experts have called for addressing stigma and implementing existing schemes for the verdict to resonate beyond the courtroom.

The court recognised menstrual hygiene as an integral component of a girl child’s fundamental rights. “The right to life under Article 21 of the Constitution includes the right to menstrual health,” said the court. “Access to safe, effective and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health.”

Social activist Jaya Thakur had filed a writ petition in 2022 seeking uniform access to menstrual hygiene management facilities in schools, such as sanitary products, functional toilets, disposal mechanisms and awareness programmes. Thakur sought directions to address absenteeism among schoolgirls and the risk of their dropping out of education due to poor menstrual hygiene facilities.

The court directed state governments and union territories to ensure the availability of free, biodegradable sanitary napkins, separate toilets, clean water and safe disposal facilities.

However, experts said there are already several state and central government schemes which provide these facilities – like the Centre’s Samagra Shiksha for installation of sanitary pad vending machines and funding for toilets, or...

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