SC says menstrual health a fundamental right, mandates free sanitary pads

On Friday, January 30, 2026, the Supreme Court declared that, in accordance with Article 21 of the Constitution, the right to access menstrual health and menstrual hygiene management (MHM) measures in educational institutions is within the scope of the fundamental right to life and dignity.

In a judgment, the Bench of Justices JB Pardiwala and R. Mahadevan observed: “Dignity cannot be reduced to an abstract ideal; it must find expression in conditions that enable individuals to live without humiliation, exclusion or avoidable suffering. For menstruating girls, lack of access to MHM measures exposes them to stigmatization, stereotyping and humiliation.”

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The absence of safe and hygienic menstrual management measures has undermined dignified existence by forcing adolescent students to either resort to absenteeism or adopt unsafe practices.

“Both violate the bodily autonomy of menstruating girls… Period poverty prevents menstruating girls from exercising their right to education with equal dignity as their male peers or with students who can afford hygiene products. There is no doubt that the degradation of primary or secondary education has serious and lasting consequences not only for individual development but also for long-term social and economic participation,” the Supreme Court said.

Decision, Dr. It was based on a writ petition filed by Jaya Thakur, which highlighted that the lack of MHM measures in schools across the country was leading to absenteeism and worse, dropout. The court ruled that the failure to take MHM measures in schools violated students’ rights to privacy and physical autonomy.

“A girl’s expectation to manage her menstrual period in privacy and with dignity is legitimate. In such cases, a lack of resources cannot be allowed to govern her autonomy over her own body,” the court said. He said MHM is not limited to traditionally understood sanitation but also includes bodily autonomy and freedom to make decisions.

“Denying adequate amenities, appropriate hygiene products, or privacy forces a girl to manage her body as dictated by circumstances rather than by choice. Autonomy can only be meaningfully exercised when girls have access to functional toilets, adequate menstrual products, water, and hygienic waste disposal mechanisms,” the court said.

The court said the state cannot force a child to choose between dignity and education. Such an election was neither fair nor equitable. The lack of availability of sanitary pads has created a gender-specific barrier that inhibits participation and continuity in education, thus eliminating the essential guarantee of free and compulsory education.

In a separate section on the role of ‘menstruating men’, the apex court said it is crucial to educate and sensitize male teachers and students about the “biological reality of menstruation” to avoid any form of harassment or invasive questioning of a menstruating student in school.

Issuing a set of directions, the Supreme Court directed the States and Union Territories to ensure that functional, gender-segregated toilets are provided in every school, both in urban and rural areas, whether run by the government or the private sector. These schools should make biodegradable sanitary napkins easily accessible to students through sanitary napkin vending machines, preferably in toilet buildings. Schools should establish ‘MHM corners’ equipped to meet menstrual-related needs, including but not limited to spare underwear, spare uniforms, disposable bags and other necessary items.