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Case Overview

Case Name: Dr. Jaya Thakur vs. Government of India and Ors.

In Dr. Jaya Thakur v. Government of India and Ors., the Supreme Court of India examined the issue of menstrual hygiene management and stigma in educational institutions . The Bench comprising Supreme Court Justice JB Pardiwala and Justice R Mahadevan considered how social taboos around menstruation affect adolescent girls’ dignity, education and equal participation in schools . The Court stressed that menstrual health is not merely an infrastructural concern but a constitutional and societal responsibility .

Key Aspects

The Court analysed the social, educational, and institutional challenges surrounding menstruation . It emphasised that lack of awareness and sensitivity often defeats even well-intentioned welfare measures.

• Menstruation continues to be associated with stigma, discouraging girls from attending school .
• Infrastructure such as toilets and sanitary pads remains underutilised due to prevailing taboos .
• Male teachers and school staff play a critical role in ensuring sensitivity and hygiene .
• Unsensitised male students may harass menstruating girls affecting dignity and education .

Legal Insights

The judgment placed menstrual hygiene within the framework of constitutional rights and duties . The Court linked biological realities with legal protections to ensure equality and dignity .

• Article 21 – Right to Life and Dignity under Constitution: Menstrual hygiene recognised as integral to dignified living .
• Article 14 – Right to Equality: Equal access to education requires stigma-free school environments .
• Article 15 – Non-Discrimination: Gender-based disadvantages arising from menstruation must be addressed .
• Constitutional Morality: Awareness and empathy are essential to uphold constitutional values .

Court’s Verdict

The Supreme Court declared that Menstruation Should Not Be Source Of Shame and must not be discussed in hushed whispers . It directed States and Union Territories to provide free sanitary pads to girls in colleges and ensure gender-segregated toilets in government and private schools . The Court held that menstrual health is a shared responsibility involving boys, teachers, parents, and institutions reinforcing education as the foundation of empathy & equality.

Source – Supreme Court of India

Read also – Constitution

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