SC declares menstrual hygiene a Constitutional Right, mandates free sanitary pads in schools

In a landmark ruling on Friday, the Supreme Court held that the right to menstrual hygiene is an integral part of the right to life and the right to privacy guaranteed under Article 21 of the Constitution. The judgment reinforces that access to safe and dignified menstrual hygiene is a constitutional entitlement, not a matter of charity or policy discretion.

The verdict was delivered by a bench of Justices JB Pardiwala and R Mahadevan while deciding a plea seeking free sanitary pads and adequate sanitation facilities for schoolgirls. The court issued a set of binding directions to states, Union Territories and educational institutions, stressing that dignity, health and equality of girls and women must be ensured without exception.

Free Sanitary Pads and Mandatory Toilets in All Schools

The apex court directed all states and Union Territories to provide biodegradable sanitary napkins free of cost to girl students in all schools. It also mandated separate toilets for male and female students, along with disability-friendly toilets, in every school. The directions apply equally to government and private institutions.

Warning of strict consequences, the court said private schools could face derecognition if they fail to provide separate toilets or ensure access to free sanitary pads. The bench further made it clear that governments would be held accountable for non-compliance.

Judgment Rooted in Period-Shaming Case

The ruling stems from proceedings initiated in November last year after the court took cognisance of a disturbing incident at Maharshi Dayanand University, Haryana, where women sanitation workers were allegedly forced to send photographs of their sanitary pads to prove menstruation. The incident triggered nationwide outrage over period-shaming.

Justice Pardiwala observed that progress is measured by how society protects the vulnerable, adding that the judgment is meant not just for legal stakeholders but also for classrooms where girls hesitate to seek help. The court reiterated that stigma and lack of basic facilities directly impact girls’ health, education and privacy.