COURTKUTCHEHRY SPECIAL ON SC LANDMARK JUDGEMENT ON MENSTURAL HEALTH
Supreme Court Declares Menstrual Health a Fundamental Right: Free Pads and Toilets Mandatory in All Schools
Court orders free sanitary pads for girls in Classes 6–12
Schools must provide hygienic, gender-segregated and disabled-friendly toilets
By Our Legal Reporter
New Delhi: January 30, 2026:
In a landmark judgment, the Supreme Court of India has ruled that the right to menstrual health is part of the fundamental right to life under Article 21. The court directed all states and Union Territories to ensure that girls in Classes 6–12 receive free biodegradable sanitary pads and that schools are equipped with functional, hygienic, gender-segregated toilets.
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The ruling, delivered by a bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan, is being hailed as a transformative step in addressing menstrual hygiene, a subject often neglected in public policy.
Background of the Case
- The case arose from petitions highlighting the lack of menstrual hygiene facilities in schools.
- The court noted that poor access to sanitary pads and toilets leads to dropouts among adolescent girls, especially in rural areas.
- The bench emphasized that menstrual health is not just a medical issue but a matter of dignity, equality, and education rights.
Court’s Key Directions
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- Free Sanitary Pads: All schools, government and private, must provide free biodegradable sanitary pads to girls.
- Functional Toilets: Schools must have gender-segregated toilets with water connectivity.
- Disabled-Friendly Facilities: Toilets must be accessible to students with disabilities.
- Strict Enforcement: Private schools failing to comply may face de-recognition.
Why This Ruling Matters
- Educational Impact: Lack of menstrual hygiene facilities is a major reason for girls dropping out of school.
- Health Benefits: Access to sanitary pads reduces infections and improves overall health.
- Gender Equality: Recognizing menstrual health as a fundamental right ensures equal opportunity for girls in education.
- Policy Enforcement: The ruling mandates nationwide implementation of the Union’s Menstrual Hygiene Policy for School-going Girls.
Challenges Ahead
- Implementation in Rural Areas: Ensuring supply of pads and maintenance of toilets in remote schools.
- Funding: States must allocate sufficient budgets for menstrual health programs.
- Awareness: Teachers and parents need training to break taboos around menstruation.
- Monitoring: Regular inspections will be required to ensure compliance.
Broader Implications
- For Students: Girls will have better access to education without interruptions due to menstruation.
- For Schools: Institutions must prioritize hygiene infrastructure.
- For Society: The ruling helps normalize conversations around menstrual health, reducing stigma.
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Conclusion
The Supreme Court’s recognition of menstrual health as a fundamental right is a historic milestone in India’s journey toward gender equality and inclusive education. By mandating free sanitary pads and functional toilets in all schools, the court has ensured that adolescent girls can pursue education with dignity and without disruption. The ruling sets a precedent for future policies on health and education, reinforcing the principle that justice must extend to every aspect of human dignity.
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