In a landmark ruling on Friday, the Supreme Court declared menstrual health a fundamental right under Article 21, the right to life, directing all states and Union Territories to provide free oxo-biodegradable sanitary pads to schoolgirls. The court emphasized that access to menstrual hygiene is essential for reproductive health, dignity, and education.

The bench, comprising Justices J.B. Pardiwala and R. Mahadevan, ordered functional, gender-segregated toilets in all schools, including disabled-friendly facilities, along with hygiene measures such as handwashing stations with soap and water. The directives apply to government, aided, and private schools across urban and rural areas.

Justice Pardiwala highlighted that the right to education is a “multiplier right” enabling other fundamental rights. He noted that inaccessibility to menstrual hygiene products and facilities can prevent girls from participating equally in school, undermining their dignity and future opportunities.

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The court instructed schools to set up menstrual hygiene management corners, provide awareness and training on menstrual health, and make sanitary napkins easily accessible, preferably in toilets or via designated authorities. Non-compliance could lead to derecognition of private schools and accountability for state authorities in public institutions.

The verdict reinforced constitutional guarantees, citing Articles 14 (equality), 21 (right to life), and 21A (right to education). It stressed that privacy, dignity, and equality require structural measures to ensure girls can pursue education without humiliation or exclusion due to menstrual needs.

This judgment follows a PIL filed by Jaya Thakur in December 2024, seeking nationwide implementation of the Menstrual Hygiene Policy for school-going girls. The detailed judgment is awaited, but the directions mark a significant step toward gender justice and educational equity in India.

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