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Right to menstrual hygiene part of right to life: Supreme Court

The Supreme Court on Friday ruled that the right to menstrual hygiene forms an integral part of the right to life under Article 21 of the Constitution, issuing a set of directions to ensure menstrual support systems in schools across the country.

A bench of Justices JB Pardiwala and R Mahadevan said the lack of gender-segregated toilets and access to sanitary products deprives girls of dignity, privacy, equality and meaningful access to education. 

The court stressed that menstrual health cannot be treated as a matter of charity or policy choice, but flows directly from constitutional guarantees.

Passing the order on a plea seeking free sanitary pads and separate toilets for girls in government-aided schools, the bench directed all schools, private and government-run, to provide functional toilets, sanitary napkins, water, soap and spare uniforms.

The court held that denial of menstrual hygiene facilities violates the rights to equality, dignity and education, adding that the state has a positive obligation to remove barriers that prevent girls from participating in education on equal terms with boys.

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