The Supreme Court of India has delivered a landmark judgement declaring menstrual hygiene a part of the fundamental right to life and dignity under Article 21 of the Constitution.
This constitutional interpretation now obliges governments and educational institutions to ensure free access to sanitary pads and proper hygiene infrastructure for schoolgirls across the country.
The Court, in a judgement authored by a bench including Justices J B Pardiwala and R Mahadevan, held that the right to life under Article 21 includes menstrual health and hygiene, recognising it as essential to human dignity, bodily autonomy, privacy, and participation in society.
Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty, which the Court interpreted to encompass conditions necessary for a healthy and dignified reproductive life, including safe and affordable menstrual hygiene management.
All states and Union Territories must ensure that biodegradable sanitary napkins are provided free of cost to girls in all government and private schools.
These pads should preferably be made available within toilet premises through vending machines or designated authorities.
Every school must have functional gender-segregated toilets with adequate water supply and hand-washing facilities.
Toilets must be designed for privacy and also be accessible for students with disabilities.
The judgement also directs the establishment of Menstrual Hygiene Management (MHM) corners, stocked with spare uniforms, innerwear, disposal bags, and essential materials to assist girls during menstruation.
The Court warned that private schools may face de-recognition and that state governments will be held accountable if these requirements are not met.
The judgement stemmed from a Public Interest Litigation (PIL) filed in December 2024 by petitioner Jaya Thakur, seeking nationwide implementation of menstrual hygiene policies for schoolgirls (Classes 6–12) and infrastructure like gender-segregated toilets.
The PIL raised questions about whether:
Lack of separate toilets and menstrual products constituted a violation of the right to equality (Article 14),
Such absence infringed the Right to Education (Article 21A),
And whether menstrual hygiene is integral to the right to life and dignity (Article 21).
The Court answered these in the affirmative, integrating menstrual hygiene into constitutional rights frameworks.
Proper menstrual hygiene reduces risks of reproductive tract infections, skin irritation, and other health concerns by enabling safe use and disposal of absorbents. Accessible sanitation and hygiene facilities play a crucial role in reducing infections and supporting overall adolescent health.1
Research across contexts shows that lack of menstrual products and private washrooms contributes to school absenteeism among adolescent girls, undermining educational attainment and participation. Studies note that menstrual-related absenteeism can affect academic performance and equal access to learning opportunities.
Access to appropriate hygiene supplies and infrastructure helps ensure that menstruation does not become a barrier to education or social participation.1
Reference
Betsu, Balem Demtsu, Araya Abrha Medhanyie, Tesfay Gebregzabher Gebrehiwet, and L. Lewis Wall. 2024. “Menstrual Hygiene Management Interventions and Their Effects on Schoolgirls’ Menstrual Hygiene Experiences in Low and Middle Countries: A Systematic Review.” PLOS ONE 19, no. 8 (August 22, 2024): e0302523. https://doi.org/10.1371/journal.pone.0302523.
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