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Menstrual health a right, provide sanitary napkins in schools: Supreme Court

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In a landmark verdict, the Supreme Court on Friday declared that “the right to menstrual health is a part of the right to live with dignity under Article 21 of the Constitution” and ordered states and union territories to provide free oxo-biodegradable sanitary napkins to girl students.“The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health. The right to healthy reproductive life embraces the right to access education and information about sexual health,” a Bench of Justice JB Pardiwala and Justice R Mahadevan said.Linking girl students’ menstrual health with the right to education, the Bench directed states and UTs “to ensure that every school, whether government-run or privately managed, in both urban and rural areas, is provided with the functional, gender-segregated toilets with usable water connectivity”.Related news: Must educate boys on menstruation: Supreme CourtThe top court directed the Centre, states and UTs to ensure that its directions were strictly complied with in three months from the date of the judgment.“All existing and newly constructed toilets in schools shall be designed, constructed and maintained so as to ensure privacy and accessibility, including by catering to the needs of children with disabilities. All school toilets shall be equipped with functional hand-washing facilities, with soap and water available at all times,” it ordered.The verdict came on a petition filed by Madhya Pradesh Congress leader Jaya Thakur, seeking directions to ensure that free pads were provided to every girl child from Class VI to XII and to ensure separate toilets for them in all government-aided and residential schools.As regards the “availability of menstrual absorbents”, it directed that “all states and UTs shall ensure that every school provides oxo-biodegradable sanitary napkins manufactured in compliance with the ASTM D-6954 standards free of cost”.It said, “Such sanitary napkins shall be made readily accessible to girl students, preferably within the toilet premises through vending machines or where such installation is not immediately feasible, at a designated place or with a designated authority within the school.”The Bench directed the states and UTs to ensure that every school established menstrual hygiene management corners. “Such corners shall be equipped with (but not limited to) spare innerwear, spare uniforms, disposable bags and other necessary materials to address menstruation-related exigencies,” it said.It ordered that each school must be equipped with a safe, hygienic and environmentally compliant mechanism for the disposal of sanitary napkins in accordance with the latest solid waste management rules. Each toilet unit shall be equipped with a covered waste bin for the collection of sanitary material and cleanliness and regular maintenance of such bins shall be ensured at all times.The court said, “The National Council of Educational Research and Training (NCERT) and the State Council of Educational Research and Training (SCERT) shall incorporate gender-responsive curricula on menstruation, puberty and other related health concerns with a view to break stigma and taboo associated with menstrual health and hygiene.“All teachers, whether male or female, shall be adequately trained and sensitised on menstrual hygiene, including appropriate ways of supporting and assisting menstruating students. Information regarding the availability of Jan Aushadhi Suvidha oxo-biodegradable sanitary napkin shall be widely disseminated through advertisement in social media, print media, radio, TV, cinema and outdoor publicity like bus queue shelters,” the Bench said.It said, “The child helpline set up by the National Commission for Protection of Child Rights in furtherance of Rule 26 of the RTE rules be disseminated forthwith through social media, print, radio, TV and cinema advertisement, etc.”

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