Menstrual Health Is a Fundamental Right: Supreme Court Orders Free Sanitary Pads for Schoolgirls

The Supreme Court on Friday (January 20, 2026) directed all States and Union Territories to ensure girl students in private and government schools are provided bio-degradable menstrual sanitary pads for

free, and held that the right to menstrual health is a part of the fundamental right to life enshrined in the Constitution."The right to menstrual health is part of the right to life under Article 21 of the Constitution," the court held. A Bench of Justices J.B. Pardiwala and R. Mahadevan ordered the States and Union Territories to ensure separate toilets for female and male students in all schools. It also said all schools, irrespective of whether they are State-run or controlled, will have to provide disabled-friendly toilets.It further directed that all schools must provide free biodegradable sanitary napkins within toilet premises adding that the sanitary napkins be made available to girls through machines or with designated authorities within the premises. It also directed that all schools must have menstrual hygiene management corners and they should be equipped with all the things required for menstrual exigencies. It said that if private schools fail to provide these facilities, they will be de-recognised.

Reacting to the Supreme Court ruling that the right to menstrual health is part of the fundamental right to life, Advocate Varun Thakur says, “Today, the Supreme Court has delivered a historic and path-breaking judgment, and we wholeheartedly welcome it. The Court has clearly recognized the right to menstrual health as a fundamental right under Article 21. It has also ruled that for students from Classes 6 to 12, the state has the responsibility to provide sanitary pads free of cost. The Supreme Court further clarified that these directions apply to all states as well as the Union of India, and it has sought a compliance report within three months.”The matter has been kept pending as the court reserved its verdict on a public interest litigation filed by Jaya Thakur on December 10, 2024, which seeks the pan-India implementation of the Union government’s Menstrual Hygiene Policy for school-going girls across government and government-aided schools for adolescent students in Classes 6 to 12.(With inputs from PTI)