The Supreme Court on Friday highlighted the multifaceted role of men in menstrual hygiene, noting that menstrual health was a societal concern, which required the active participation of all genders.
The Bench of Justice JB Pardiwala and Justice R Mahadevan observed that treating menstruation as solely a “women’s issue” perpetuated stigma and undermined the constitutional guarantees of dignity and health under Article 21.
The Court emphasised that the provision of infrastructure alone could not ensure effective menstrual hygiene; the attitudes and awareness of male teachers, staff, and peers played a pivotal role in fostering a stigma-free and supportive educational environment.
Drawing on principles articulated in Francis Coralie Mullin v. Union Territory of Delhi (1981) regarding the inseparability of rights and supportive conditions, and in Rupan Deol Bajaj v. KPS Gill (1995) regarding institutional accountability, the Court highlighted that constitutional guarantees must be accompanied by conducive social and institutional frameworks.
It directed comprehensive measures to institutionalise menstrual hygiene management in schools across the country, particularly for students from classes 6 to 12.
Schools were asked to maintain functional, gender-segregated toilets with water connectivity and privacy provisions, including accessibility for students with disabilities. They were also required to provide oxo-biodegradable sanitary napkins at no cost, either through vending machines within toilet facilities or via designated authorities, ensuring ready and discreet access.
The Apex Court further directed the schools to establish menstrual hygiene management corners, equipped with spare innerwear, uniforms, disposable bags, and other materials necessary to address menstruation-related exigencies. Additionally, schools must implement environmentally compliant mechanisms for sanitary pad disposal in accordance with the Solid Waste Management Rules, 2016, and conduct periodic inspections to ensure operational compliance, it added.
The Court also emphasised the importance of education and awareness. Male teachers were expected to respond sensitively to menstruation-related requests from students, integrate accurate and stigma-free information into lessons, and cultivate a culture of empathy. Male peers, too, were identified as critical stakeholders whose awareness and understanding are essential to preventing harassment and ensuring consistent attendance by adolescent girls.
Framing menstrual health as a collective societal responsibility rather than an individual concern, the Bench affirmed that menstruation intersected with constitutional principles of gender justice, the Right to Education under Article 21A, and broader obligations to uphold health, dignity, and equality in educational institutions.
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