SC Recognises Menstrual Hygiene as Fundamental Right

On 30th January 2026, the Supreme Court of India ruled that the right to menstrual hygiene is an integral part of the right to life and dignity under Article 21 of the Constitution, issuing binding directions to States, Union Territories and schools across the country.

Key Points

Constitutional Recognition: The Court held that access to menstrual hygiene is essential to dignity, health and equality, and therefore falls within the scope of Article 21 of the Constitution.
Free Sanitary Napkins: All States and Union Territories have been directed to ensure that every school provides biodegradable sanitary napkins free of cost to adolescent girls.
National Policy Implementation: The Court ordered pan-India implementation of the Union government’s Menstrual Hygiene Policy for School-going Girls for students from Classes 6 to 12.
School Infrastructure: Authorities must ensure that schools are equipped with functional, hygienic and gender-segregated toilets to protect privacy and health.
Impact on Education and Health: The Bench observed that stigma around menstruation and lack of basic facilities adversely affect girls’ health, education and personal dignity.
Applicability to All Schools: The directions are mandatory for both government and private educational institutions.
Penalty for Non-Compliance: The Court warned that private schools may face derecognition if they fail to provide separate toilets for girls and boys or do not ensure access to free sanitary pads.
Case Background: The directions were issued while hearing a plea seeking free sanitary pads and adequate sanitation facilities for school-going girls.