Menstrual Health as a Fundamental Right

In February 2026, the Supreme Court of India, in the case of Dr. Jaya Thakur v. Government of India, recognized Menstrual Health and Hygiene (MHH) as a fundamental right under Article 21.

Judicial Mandate and Fundamental Rights

  • The Supreme Court recognized Menstrual Health and Hygiene as an integral part of Article 21's right to dignity.
  • In Dr. Jaya Thakur v. Union of India, the court issued a continuing mandamus to monitor state compliance.
  • The ruling establishes biological citizenship, holding the State responsible for neutralizing biological disadvantages faced by women.
  • Ignoring unique biological needs is termed structural exclusion, violating the principle of substantive equality ....
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