SC mandates free sanitary pads, separate toilets for girls in all schools; non-compliance to lead to derecognition
Jaya Thakur, in her petition, pointed out that many girls skip school or drop out altogether during menstruation, especially in economically weaker families where sanitary pads are unaffordable
PTC Web Desk: In a landmark ruling aimed at ensuring dignity, equality and access to education for girl students, the Supreme Court on Friday directed all private and government schools across the country to provide free sanitary pads to girls and ensure separate washroom facilities for boys and girls. The court made it clear that schools failing to comply will face cancellation of their recognition.
The apex court also instructed all states and Union Territories to construct disability friendly toilets in every school, making basic sanitation facilities inclusive and accessible for children with special needs.
Order based on 2024 Public Interest Litigation
The directions were issued while hearing a Public Interest Litigation (PIL) filed in 2024 by social worker Jaya Thakur, who sought nationwide implementation of the Central government’s Menstrual Hygiene Policy.
The petitioner highlighted how lack of menstrual hygiene facilities in schools directly affects girls’ education, health, and dignity, often forcing them to miss classes or drop out entirely.
Court raises constitutional concerns
The Supreme Court posed two key constitutional questions during the hearing:
Absence of separate toilets for girls violates Article 14 (Right to Equality), as it denies them equal access to education and participation in school activities.
Failure to provide sanitary pads impacts Article 21 (Right to Life and Dignity), as menstrual hygiene is an essential aspect of privacy, health and personal dignity.
The Supreme Court observed that girls cannot participate in school life on equal terms with boys if basic menstrual hygiene support is missing.
‘Girls’ bodies are treated as a burden’
In strong remarks, the court said the issue goes beyond legal compliance and reflects a deeper social problem. “This order is not just for legal institutions. It is for classrooms where girls hesitate to ask for help, for teachers who want to support students but lack resources, and for parents who may not fully understand the impact of their silence,” the court observed.
The bench stressed that true progress should be measured by how society protects its most vulnerable, sending a message to every girl who has missed school due to menstruation-related challenges, a burden imposed by society, not by her body.
Petitioner highlights dropout crisis
Jaya Thakur, in her petition, pointed out that many girls skip school or drop out altogether during menstruation, especially in economically weaker families where sanitary pads are unaffordable.
She stated that girls are often forced to use cloth during periods, making school attendance uncomfortable and unsafe. The absence of free sanitary pads and proper disposal facilities for used pads in schools further discourages attendance during menstrual days, directly impacting academic continuity.
Focus on health, education and dignity
The Supreme Court’s ruling aims to remove structural barriers that prevent girls from accessing education with dignity, while also ensuring schools become safer and more inclusive spaces for all students, including children with disabilities.