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No Toilets, No Recognition: Supreme Court Lays Down School Hygiene Mandate

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The Supreme Court on Friday directed all states and Union Territories to ensure the availability of separate toilets for female and male students in schools, along with disabled-friendly facilities. The court said governments would be held accountable if schools fail to provide toilets and free sanitary pads to girl students.

The directions apply to all schools, irrespective of whether they are government-run or privately managed.

Menstrual Health Part Of Right To Life: Apex Court

“The right to menstrual health is part of the right to life under Article 21 of the Constitution,” the Supreme Court held, according to news agency PTI.

A bench comprising Justices J B Pardiwala and R Mahadevan underscored that menstrual hygiene is a constitutional entitlement and warned that private schools failing to comply with the directions could face de-recognition.

Mandatory Gender-Segregated, Disabled-Friendly Toilets

The bench clarified that all schools must provide functional, gender-segregated toilets with usable water connectivity in both urban and rural areas. It further directed that all existing and newly constructed toilets must ensure privacy and accessibility, including catering to the needs of children with disabilities.

All school toilets must also be equipped with washing facilities and have soap and water available at all times.

Free Sanitary Napkins for Girl Students

According to a report by Live Law, the Supreme Court ordered all states and UTs to ensure the free provision of oxyzo-biodegradable sanitary napkins manufactured in compliance with ASDM-694 standards.

These sanitary napkins must be made easily accessible to girl students, preferably within toilet premises through vending machines or, where not visible, at a designated place in the school.

Menstrual Hygiene Management Corners Mandatory

The court also directed that every school must establish menstrual hygiene management corners. These corners must be equipped with spare innerwear, uniforms, disposable pads and other essential materials to address menstrual emergencies.

PIL On Menstrual Hygiene Policy

The Supreme Court has reserved its verdict on a Public Interest Litigation filed by Jaya Thakur on December 10, 2024. The petition seeks pan-India implementation of the Union government’s ‘Menstrual Hygiene Policy for school-going girls’ in government and government-aided schools for students from Classes 6 to 12.

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