In a landmark ruling on Friday, the Supreme Court of India has recognized menstrual hygiene as a crucial aspect of the Right to Life (Article 21) and the Right to Education (Article 21A) under the Constitution. The verdict aims to address menstrual health issues and ensure the overall well-being of girls across the country.
Schools Now Legally Bound to Ensure Menstrual Hygiene
Justices J.B. Pardiwala and R. Mahadevan issued detailed directives to all States and Union Territories. The Court warned that any private school failing to comply with these sanitation and health standards may face immediate closure.
According to the ruling, all schools—government, aided, or private—must:
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Provide separate, functional toilets for boys and girls with a consistent water supply.
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Supply free, high-quality, eco-friendly sanitary pads to girls from classes 6 to 12, available either through vending machines or designated Menstrual Hygiene Management (MHM) areas.
Menstrual Health a Right, Not a Privilege
Justice Pardiwala emphasized, “Progress is measured by how we care for those who need it most.” He highlighted that inadequate menstrual hygiene facilities often force girls to drop out of school, undermining their right to education.
The Court stressed that menstrual health is a right, not an optional service or a matter of goodwill, sending a strong message about gender equality and access to education.
Accessibility for All Students
The ruling also mandates that toilets be accessible to students with disabilities, ensuring inclusive facilities for everyone.
This decision follows a Public Interest Litigation (PIL) seeking a standardized Menstrual Hygiene Policy across India, making both the government and schools accountable for implementing these measures.
Towards a Safer, More Respectful Learning Environment
By formally recognizing menstrual hygiene as part of fundamental rights, the Supreme Court has paved the way for safer, more dignified, and equitable learning spaces for girls nationwide, marking a historic step in India’s journey toward gender-sensitive education.