Schools that fail to construct separate toilets for boys and girls will have their recognition withdrawn

Order of the Supreme Court

New Delhi – The Supreme Court has directed all private and government schools across the country to mandatorily distribute free sanitary pads to girl students and to construct separate toilets for boys and girls. Schools that fail to comply with these directions will have their recognition cancelled. The Court also directed that every school must construct disability-friendly (disabled-accessible) toilets.

The Court issued this order while hearing a Public Interest Litigation (PIL) filed in 2024. The petitioner, Jaya Thakur, had demanded nationwide implementation of the Central Government’s Menstrual Hygiene Policy.

Violation of the Constitution

During the hearing, the Court observed that the absence of separate toilets for girls in schools amounts to a violation of Article 14 of the Constitution (Right to Equality). If girls are not provided with sanitary pads, they cannot participate equally with boys in education and other activities. Access to dignified facilities during menstruation is part of Article 21 of the Constitution (Right to Life and Dignity). If adequate facilities are not provided to girls, their dignity and privacy are adversely affected.