Menstrual health integral part of right to life and dignity, says SC

Court orders nationwide rollout of free menstrual hygiene facilities in schools, making the Union government's policy binding on all government and private institutions

The Supreme Court on Friday held that menstrual health is an integral part of the right to life and dignity under Article 21 of the Constitution, directing a nationwide rollout of free menstrual hygiene facilities for adolescent girls in schools.

 

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, making its directions binding on all schools, both government and private, in urban and rural areas.

 

A Bench of Justices J B Pardiwala and R Mahadevan mandated that every school must be equipped with functional, hygienic and gender-segregated toilets with running water, soap and washing facilities at all times.

 

 

Toilet infrastructure, the Court said, must ensure privacy, accessibility and dignity, including for children with disabilities.

 

States and Union Territories were directed to ensure the free provision of oxo-biodegradable sanitary napkins compliant with ASTM D-6954 standards.

 

These must be made easily accessible to girl students, preferably through vending machines within toilet premises or at clearly identified locations in schools.

 

Schools were also instructed to establish menstrual hygiene management (MHM) corners stocked with spare uniforms, innerwear, disposable pads and other essential materials to address emergencies during menstruation.

 

On waste management, the Court required all schools to install safe, hygienic and environmentally compliant disposal systems in line with the Solid Waste Management Rules. Each toilet unit must have covered bins for menstrual waste, with regular cleaning and maintenance ensured.

 

Writing the judgment, Justice Pardiwala said the ruling was intended to speak directly to those affected by systemic neglect.

 

“This pronouncement is not just for stakeholders of the legal system. It is also meant for classrooms where girls hesitate to ask for help. It is for teachers who want to help but are restrained due to a lack of resources. And it is for parents who may not realise the impact of their silence,” he said.

 

“We wish to communicate to every girl child who may have become a victim of absenteeism because her body was perceived as a burden when the fault is not hers,” he added.

 

Constitutional findings

 

The Bench examined the issue through the lens of Articles 14, 21 and 21A.

 

On equality under Article 14, the Court held that the absence of gender-segregated toilets and access to menstrual absorbents results in systemic discrimination against adolescent girls.

 

Applying the doctrine of substantive equality, it noted that menstrual poverty places girls at a dual disadvantage, with regard to boys and girls who can afford sanitary products, and is further compounded for children with disabilities.

 

The failure to provide basic enabling conditions such as clean washrooms, menstrual products, disposal mechanisms and awareness, the Court said, converts a biological reality into structural exclusion, undermining access to education and long-term opportunity.

 

On dignity and the right to life under Article 21, the Bench ruled that dignified menstrual health is inseparable from the constitutional guarantee of life and personal liberty.

 

“The absence of safe and hygienic menstrual management measures undermines dignified existence,” the judgment said, noting that girls often resort to unhygienic materials in the absence of affordable absorbents, exposing them to infections and long-term reproductive harm.

 

Interpreting the right to education under Article 21A and the Right to Education (RTE) Act, the Court described education as a “multiplier right” and held that free education includes all measures necessary for meaningful participation. Affirmative measures such as free menstrual products and sanitation facilities, it said, are essential to place children on an equal footing.

 

Schools found in violation of RTE norms would face derecognition, while the State would be accountable for lapses in government-run institutions.

 

“The right to education does not merely demand parity between genders but equality of opportunity in its enjoyment,” the judgment held.

 

The litigation stems from a 2022 petition seeking free sanitary napkins and adequate toilet facilities for adolescent girls in schools, following which the Supreme Court directed the Union government to frame a uniform national policy.

 

The judgment was reserved on December 10, 2024, after the Centre placed an action plan before the Court, stating that States and Union Territories would draw up implementation plans with a focus on awareness and sensitisation, and that distribution of sanitary products would primarily be routed through schools and anganwadis.

 

The national policy was formulated in coordination with the Ministries of Health and Family Welfare, Jal Shakti and Education, and the present ruling operationalises it by converting policy commitments into enforceable constitutional obligations binding across the country.