In a landmark judgment delivered on Friday, January 30, 2026, the Supreme Court of India declared that dignified menstrual health is a fundamental right, essential to the right to life under Article 21 of the Constitution. This ruling mandates that all states and Union Territories provide free, oxo-biodegradable sanitary napkins to girl students in both government and private schools. The court also ordered that functional, gender-segregated toilets be made available for all students. Failure by private schools to comply with these directives could result in derecognition.
The bench, comprising Justices J.B. Pardiwala and R. Mahadevan, asserted that the right to life includes the right to menstrual health, emphasizing that access to safe, effective, and affordable menstrual hygiene management (MHM) is crucial for a girl child to attain the highest standard of sexual and reproductive health. The court noted that the right to a healthy reproductive life encompasses the right to access education and information about sexual health.
In its judgment, the Supreme Court underscored that dignity cannot remain an abstract ideal but must translate into tangible conditions that allow individuals to live without humiliation, exclusion, or avoidable suffering. The inaccessibility of MHM measures subjects menstruating girls to stigma, stereotyping, and humiliation, which the court sought to address through its directives.
The court has directed that sanitary napkins be made accessible to girl students preferably within toilet premises, such as through vending machines, or at a designated place or with a designated authority within schools where vending machine installation isn't immediately feasible.
The Supreme Court recognized education as a 'multiplier right' that enables the exercise of other human rights and is integral to the right to life and human dignity. It was noted that the inaccessibility of menstrual hygiene management measures undermines the dignity of a girl child. The court also addressed the intersectional disadvantages faced by girls with disabilities, who experience compounded challenges due to both gender and disability.
Justice Pardiwala directly addressed students affected by systemic failures, emphasizing that the judgment was intended for classrooms where girls hesitate to seek help and teachers lack resources. The ruling aims to ensure gender justice and educational equity, reaching beyond legal stakeholders to impact parents and society, measuring progress by how the most vulnerable are protected. The court stressed that if private schools fail to provide functional and separate toilets, they will face derecognition.
