Menstrual Health is a Fundamental Right: Supreme Court mandates Free Sanitary Pads and toilets in all schools

In a landmark ruling with nationwide implications, the Supreme Court has declared that access to menstrual health is an integral part of the right to life under Article 21, directing all States and Union Territories to ensure free sanitary napkins, hygienic gender-segregated toilets, and menstrual hygiene facilities in every school across India, government-run and private alike.

The case arose from concerns that adolescent girls were being pushed out of classrooms due to the absence of basic menstrual hygiene infrastructure, leading to absenteeism, loss of dignity, and unequal access to education. The petition highlighted how lack of toilets, sanitary absorbents, and disposal mechanisms disproportionately affects girl students, undermining constitutional guarantees of equality, participation, and education.

The Union Government placed its National Menstrual Hygiene Policy for School-going Girls before the Court, proposing coordinated implementation through States, schools, and Anganwadis, but the bench examined whether policy assurances alone were sufficient without enforceable directions.

A Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held that denial of menstrual hygiene facilities violates Articles 14, 21, and 21A, observing that dignity, privacy, health, and education are inseparable. Writing for the Court, Justice Pardiwala stressed that systemic neglect of menstrual needs creates structural barriers to equality, noting, “The inaccessibility of menstrual hygiene management measures undermines the dignity of a girl child.” 

The Court ordered pan-India implementation of the national policy, mandating functional gender-segregated toilets with water and privacy, free supply of ASDM-compliant biodegradable sanitary napkins, establishment of menstrual hygiene management corners in schools, and safe disposal of sanitary waste, warning that non-compliant schools may face consequences under the Right to Education Act.