New Delhi: In a landmark judgment with far-reaching social and constitutional implications, the Supreme Court on Friday ruled that the right to menstrual hygiene is an integral part of the right to life, dignity and privacy guaranteed under Article 21 of the Constitution. The apex court made it clear that access to safe and dignified menstrual hygiene is a constitutional entitlement, not a welfare measure dependent on government discretion or charity.
The verdict was delivered by a bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan while adjudicating a petition seeking free sanitary pads and adequate sanitation facilities for school-going girls across the country. The court issued binding and enforceable directions to all States, Union Territories and educational institutions, emphasising that the health, dignity and equality of girls and women cannot be compromised under any circumstances.
Free Sanitary Pads and Toilets Mandatory in All Schools
As part of its directions, the Supreme Court ordered all States and Union Territories to provide biodegradable sanitary napkins free of cost to girl students in all schools, including government, aided and private institutions. The court also mandated the availability of separate toilets for boys and girls, along with disability-friendly sanitation facilities, in every school without exception.
Warning of strict consequences for non-compliance, the bench stated that private schools may face derecognition if they fail to provide separate toilets or ensure access to free sanitary pads. The court further clarified that state governments would be held directly accountable for implementing these directions and ensuring effective monitoring.
Origin in Period-Shaming Incident
The judgment traces its origin to a disturbing period-shaming incident at Maharshi Dayanand University in Haryana, where women sanitation workers were allegedly compelled to send photographs of their used sanitary pads to prove menstruation. The incident, which came to light in November last year, sparked nationwide outrage and raised serious concerns over privacy, dignity and gender-based discrimination.
Taking strong exception to the incident, the Supreme Court observed that social progress is measured by how a society treats its most vulnerable members. Justice Pardiwala remarked that the ruling is meant not only for policymakers and legal authorities but also for classrooms and institutions where young girls often hesitate to seek help due to stigma and fear.
Addressing Health, Education and Equality
The bench underscored that lack of menstrual hygiene facilities and the stigma surrounding menstruation directly affect girls’ physical health, mental well-being, educational continuity and constitutional right to privacy. The court reaffirmed that forcing girls and women to manage menstruation without adequate support violates their dignity and equality.
By recognising menstrual hygiene as a fundamental right, the Supreme Court has laid down a transformative constitutional framework, obligating governments and institutions to take proactive steps towards ensuring safe, dignified and stigma-free menstrual care across India.
