Indian Supreme Court Declares Menstrual Health a Fundamental Right, Mandates Free Pads and Toilets in Schools

Landmark Ruling on Menstrual Health

The Supreme Court of India, on Friday, January 30, 2026, delivered a significant judgment, declaring the right to menstrual health and access to menstrual hygiene management (MHM) measures in educational institutions as an integral part of the fundamental 'Right to Life' and dignity under Article 21 of the Constitution. This ruling stems from a writ petition filed by social worker Dr. Jaya Thakur, highlighting the lack of adequate menstrual hygiene facilities in schools across the country.

The bench, comprising Justices J.B. Pardiwala and R. Mahadevan, emphasized that the inaccessibility of MHM measures subjects menstruating girl children to 'stigma, stereotyping, and humiliation', thereby undermining their dignity. The Court further linked menstrual health to the 'Right to Education' under Article 21A and the 'Right to Equality' under Article 14.

Comprehensive Directives for Schools

The Supreme Court issued a series of binding directions to all States and Union Territories, mandating comprehensive changes in both government-run and privately managed schools across urban and rural areas.

• Functional and Gender-Segregated Toilets: All schools must ensure the provision of functional, gender-segregated toilets with usable water connectivity. These facilities must also be designed to cater to the needs of children with disabilities.
• Free Sanitary Pads: Schools are directed to provide free oxo-biodegradable sanitary napkins, manufactured in compliance with ASTM D-6954 standards, to girls in Classes 6 to 12. These must be readily accessible, preferably through vending machines or designated points within the school premises.
• Menstrual Hygiene Management (MHM) Corners: The establishment of MHM corners is mandatory, equipped with essential items such as spare innerwear, uniforms, disposable bags, and other necessary materials to address menstruation-related exigencies.
• Hygienic Waste Disposal: Schools must ensure proper and hygienic disposal of sanitary waste.

Promoting Awareness and Accountability

Beyond infrastructure, the Court underscored the critical need for a shift in societal perception regarding menstruation. It observed that 'menstrual health is a shared responsibility rather than a woman's issue' and that 'awareness must not be limited to girls, but extends to boys, parents, and teachers'. The judgment calls for the integration of menstruation and puberty into NCERT/SCERT curricula, along with teacher sensitization and widespread awareness campaigns.

To ensure compliance, the Supreme Court has given all States and Union Territories three months to file their compliance reports. Oversight will be provided by the National Commission for Protection of Child Rights (NCPCR) and the State Commission for Protection of Child Rights (SCPCR). Furthermore, District Education Officers (DEOs) are mandated to conduct annual inspections, including student surveys. The Court also warned that private schools failing to comply with these directives could face de-recognition.

Impact and Future Implications

This landmark ruling is expected to have far-reaching implications for addressing period poverty, reducing school dropout rates among girls, and fostering a more inclusive educational environment in India. The Court's emphasis on destigmatizing menstruation through comprehensive education for all genders marks a significant step towards achieving substantive equality and dignity for girl students.