Supreme Court observed Menstrual Health in schools Integral to Right to Life | Current Affairs | Vision IAS
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ESC

In Summary

  • SC: Right to life (Art. 21) includes menstrual health; unequal access violates Art. 14 & 21A.
  • Schools must provide gender-segregated toilets, free pads, and MHM corners.
  • Initiatives include MH promotion schemes, Janaushidhi Kendras, and Samagra Shiksha.

In Summary

The Court also directed the pan-India implementation of the Union's national policy, 'Menstrual Hygiene (MH) Policy for School-going Girls' in schools for adolescent girl children from Classes 6-12.

Key Highlights of the judgment 

  • Menstrual Health as a fundamental right: Right to life under Article 21 of the Constitution includes the right to menstrual health.
  • Link to Article 14 (Right to Equality): Inaccessibility of MH measures strips away the right to participate on equal terms in schools.
  • Dignity of a girl child: Dignity must translate into living conditions free from humiliation, stigma, and exclusion.
  • Structural discrimination: Inaccessibility of sanitary products affects fundamental right to education under Article 21A and Right to Education (RTE)Act.
  • Mandatory institutional measures: All schools must provide Sensitisation of male teachers and students, gender-segregated toilets, free sanitary napkins (preferably through vending machines), and dedicated MHM corners.

Initiatives taken for Promotion of MH

  • Scheme for Promotion of MH: For awareness on MH, enhancing access to sanitary napkins, and promoting eco-friendly disposal practices.
  • National Guidelines on MHM: Under Swachh Bharat Abhiyan for creating awareness on MHM in rural areas.
  • Pradhan Mantri Bharatiya Janausadhi Pariyojna: Janaushidhi Kendras provide 'Suvidha' (Oxo-biodegradable sanitary napkins) at Rs. 1/- per pad.
  • Beti Bachao Beti Padhao (BBBP): Aims to generate awareness about MH and use of sanitary napkins.
  • Samagra Shiksha Scheme: Installation of sanitary pad vending machines and incinerators.
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Samagra Shiksha Scheme

An overarching programme for school education extending from pre-school to senior secondary levels, integrating Sarva Shiksha Abhiyan (SSA), Rashtriya Madhyamik Shiksha Abhiyan (RMSA), and Teacher Education (TE). It supports the installation of sanitary pad vending machines and incinerators in schools.

Beti Bachao Beti Padhao (BBBP)

A Centrally Sponsored Scheme launched in 2015 aimed at addressing the declining sex ratio at birth and promoting girls' education and empowerment in India. It is a joint initiative of multiple ministries.

Pradhan Mantri Bharatiya Janaushadhi Pariyojna

A scheme to provide quality generic medicines at affordable prices through dedicated outlets known as Janaushidhi Kendras. It also provides 'Suvidha' sanitary napkins at a nominal cost.

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