India's SC: Menstrual Health a Fundamental Right

In a landmark decision issued on Friday, January 30, 2026, the Supreme Court of India declared that menstrual health and access to hygiene management in educational institutions constitute a fundamental right under Article 21 of the Constitution. This ruling mandates the provision of free sanitary pads for school girls across the nation, as reported by The Economic Times.

livelaw.in reported, The apex court's directive extends to all government and private schools, requiring them to supply free biodegradable sanitary pads to adolescent girls from Classes 6 to 12. This comprehensive order aims to ensure dignity and prevent humiliation, exclusion, or suffering related to menstrual health, according to Live Law.

A division bench comprising Justices JB Pardiwala and R Mahadevan issued a slew of directions, emphasizing that access to menstrual hygiene measures (MHM) is inseparable from the right to live with dignity. The Hindustan Times reported that the court also ordered the establishment of functional, gender-segregated toilets with water and soap in all schools.

economictimes.com noted, The ruling underscores the critical link between menstrual health and the right to education, stating that lack of proper facilities impedes girls' ability to attend school. India Today noted that the court highlighted how such barriers disproportionately affect adolescent female students' fundamental rights.

Furthermore, the Supreme Court directed the pan-India implementation of the Centre's 'Menstrual Hygiene Policy for School-going Girls'. This policy aims to standardize menstrual hygiene practices and facilities across all educational institutions, as detailed by Newsonair.

hindustantimes.com reported, The court's judgment also stressed the importance of creating a supportive environment, including sensitizing boys and male teachers about menstruation. Live Law reported that the bench opined that menstruation should not be a topic shared only in hushed whispers, advocating for open discussion.

This progressive verdict is expected to significantly impact the lives of millions of school-going girls, fostering better health outcomes and reducing school absenteeism. The Indian Express highlighted that the court's pronouncement is meant to resonate beyond legal circles, reaching classrooms and parents alike.

• livelaw.in noted, Background Context and Historical Perspective: Menstrual hygiene has long been a significant challenge in India, with taboos and stigma leading to widespread misinformation and unhygienic practices. A 2024 study cited by Tata Trusts indicated that one in four girls in India miss school due to menstruation, often due to a lack of proper washrooms, insufficient water supply, and inadequate disposal mechanisms. This absenteeism severely impacts their education and overall development, as noted in a 2018 study in the Journal of Family & Community Medicine.

• Key Directives and Scope: Beyond free biodegradable sanitary pads, the Supreme Court's comprehensive order mandates several crucial provisions. All schools, whether government-run or privately managed, must ensure functional, gender-segregated toilets with usable water connectivity, designed for privacy and accessibility, including for children with disabilities, Live Law reported. Additionally, schools are required to establish Menstrual Hygiene Management (MHM) corners equipped with spare innerwear, uniforms, and disposable bags to address emergencies.

• economictimes.com reported, Legal Foundation and Rights: The ruling firmly establishes menstrual health as an integral part of the fundamental right to life under Article 21 of the Indian Constitution. The court reasoned that the inaccessibility of menstrual hygiene management measures undermines a girl child's dignity and violates her bodily autonomy, as stated by The Indian Express. It also linked menstrual health to the right to education (Article 21A) and the right to a healthy reproductive life, emphasizing equality of opportunity.

• Social and Educational Implications: The Supreme Court explicitly addressed the societal stigma surrounding menstruation, urging for its demystification. Live Law reported that the court stressed the importance of educating boys about the biological reality of menstruation to prevent harassment and foster empathy. This broader awareness, extending to parents and teachers, is seen as crucial for transforming menstruation from a source of shame into a recognized biological fact, thereby reducing school absenteeism.

• hindustantimes.com noted, Challenges in Implementation and Accountability: While the ruling is a significant step, effective implementation will face hurdles. Past research by Accountability Initiative in 2022 highlighted issues like unfunded mandates, where sanitary napkins remained undistributed due to lack of earmarked funds for procurement and transportation. The Supreme Court has made it clear that states and Union Territories will be held accountable for non-compliance, and private schools failing to provide these facilities risk de-recognition, according to The New Indian Express.

• Technical Standards and Product Accessibility: The court specified that the free sanitary napkins provided must be oxo-biodegradable and comply with ASTM D-6954 standards, as detailed by Live Law. These products should be readily accessible to girl students, preferably through vending machines within toilet premises or at designated, discreet locations. This focus on specific standards and accessibility aims to ensure both hygiene and environmental responsibility.

• livelaw.in reported, Potential Future Developments: This landmark judgment sets a precedent for future policy-making and advocacy concerning women's health and education rights. It is anticipated to spur greater investment in school infrastructure, including improved sanitation facilities and waste disposal mechanisms. The Star noted that the ruling could also encourage more open dialogue about menstrual health, leading to a more inclusive and supportive educational environment for girls nationwide.