In a historic judgment on January 31, 2026, the Supreme Court of India declared that menstrual health and hygiene are integral to the right to life and dignity under Article 21 of the Constitution, issuing a series of comprehensive directions aimed at ensuring dignity, health, gender equality and educational access for adolescent girls. The ruling acknowledged that inaccessibility to menstrual hygiene management measures, such as sanitary products and proper sanitation, undermines the dignity and participation of girls in education and daily life.
A bench comprising Justices J.B. Pardiwala and R. Mahadevan emphasised that access to menstrual hygiene facilities is essential for dignified living and cannot be treated as a welfare benefit alone. The court noted that barriers to menstrual health disproportionately affect girls’ education, leading to absenteeism, stigmatization and unequal opportunities.
Under the directions, all states and Union Territories are required to ensure that every school — government, government-aided and privately managed — is equipped with functional gender-segregated toilets with usable water supply, hand-washing stations with soap, and privacy and accessibility that also cater to the needs of children with disabilities.
The bench further ordered the free provision of oxo-biodegradable sanitary napkins compliant with applicable standards to girl students. These pads should be made readily accessible, preferably within toilet premises through sanitary napkin vending machines, or, where vending machines are not feasible, at a designated point or with a responsible authority in the school.
In addition, schools must establish Menstrual Hygiene Management (MHM) corners, stocked with spare uniforms, innerwear, disposable pads, sanitary waste disposal systems compliant with environmental rules, and emergency supplies. The Court also directed the establishment of safe, hygienic mechanisms for sanitary waste disposal in line with Solid Waste Management rules.
The Court emphasised the need for periodic inspections of school infrastructure and facilities, including toilets, availability of menstrual products, and proper sanitation maintenance. It also called for gender-responsive education and awareness programmes, suggesting inclusion of information on menstruation, puberty and related health topics, to break taboos and stigma.
The judgment stemmed from a Public Interest Litigation filed in 2024 by social activist Jaya Thakur, seeking nationwide implementation of the government’s Menstrual Hygiene Policy for school-going girls and highlighting gaps in access to sanitary products and sanitation facilities.
The Supreme Court made it clear that non-compliance with its directions — including failure by private schools to provide mandated facilities — may lead to deregistration of institutions, and that state governments and authorities will be held accountable for implementation lapses.
Legal experts and educationists have described the verdict as a major step toward gender justice, public health, and educational equality, with the potential to reduce school dropouts among adolescent girls and promote healthier, stigma-free environments across educational institutions nationwide.
