Supreme Court Declares Menstrual Hygiene a Fundamental Right Under Article 21
On 30 January 2026, the Supreme Court of India ruled that the right to menstrual hygiene is an integral part of the right to life under Article 21 of the Constitution. A bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan issued a set of binding directions to all States, Union Territories, and schools to ensure dignity, health, privacy, and equality for girls and women.
The Court directed that every school must provide free biodegradable sanitary napkins to adolescent girls and ensure the availability of functional, hygienic, and gender-segregated toilets. It observed that the absence of basic facilities and the social stigma surrounding menstruation adversely impact girls’ health, education, and privacy.
Further, the Supreme Court ordered pan-India implementation of the Union Government’s ‘Menstrual Hygiene Policy for School-going Girls’ for students from Classes 6 to 12. The ruling clarified that compliance is mandatory for both government and private schools, warning that private institutions may face derecognition if they fail to provide separate toilets or ensure access to free sanitary pads. The judgment was delivered while hearing a petition seeking free sanitary napkins and adequate sanitation facilities for schoolgirls.
