A period should end a sentence - not a girl's education.
In a historic and transformative judgment on January 30, 2026, the Supreme Court of India declared menstrual health and hygiene a fundamental right under Article 21 of the Constitution — the right to life and personal liberty. This progressive move marks a turning point in how the nation views menstrual health, dignity, and the education of young girls. At the heart of this ruling, a two-judge bench of Justices JB Pardiwala and R Mahadevan recognised that menstrual health is intrinsic to a girl’s dignity, privacy, equality, and right to education, all of which are core components of Article 21 and Article 21A (the right to education) of the Constitution.
The Supreme Court issued the following guidelines for the educational institutions -
Free Sanitary Pads for School Girls
All schools - government, government-aided, and private - must ensure that biodegradable sanitary napkins are provided free of cost to adolescent girls enrolled in classes 6 to 12. These menstrual products should be easily accessible, ideally through vending machines or dedicated points within school premises.
Functional, Privacy-Ensuring Toilets
The court directed that all schools must have functioning, gender-segregated toilets with proper water and washing facilities. These must be designed with privacy and accessibility in mind, including provisions for students with disabilities.
Menstrual Hygiene Management Corners
Each school must establish menstrual hygiene management corners — safe, clean spaces where girls can manage their periods with dignity, along with emergency supplies like spare uniforms.
Accountability & Compliance
Notably, the Court emphasised that failure to comply with these provisions isn’t just a policy lapse, it exposes schools to consequences such as derecognition. Governments, too, will be held accountable if they fail to ensure proper implementation.
“Menstruation Is Not a Barrier — It’s a Right”
The Supreme Court’s reasoning was assertive and empathetic. The bench stated that menstrual health cannot remain a matter of charity or policy discretion; it must be recognised as a constitutional obligation that empowers girls to pursue education without fear or embarrassment. The Court also acknowledged that when girls lack access to sanitary products and proper facilities, they are more likely to miss school during their period, undermining their right to education, equality, and dignity. This institutional negligence reinforces social stereotypes and affects students’ confidence, participation, and future opportunities.
Why This Judgment Matters
This judgment is a significant win for gender justice in India, addressing deep-rooted cultural taboos that have long made menstruation a taboo subject. Here’s why it’s significant:
1. Dignity in Education
For many girls, menstruation has been a barrier to regular school attendance. By mandating free sanitary pads and proper facilities, the Court has removed one of the key reasons girls drop out of school during adolescence.
2. Legal Recognition of Health Rights
For the first time, menstrual health is explicitly recognised as part of the right to life, acknowledging the physical and psychological needs of half the population.
3. Inclusive and Accessible Infrastructure
Special emphasis on disability-friendly toilets reflects an inclusive understanding of menstrual needs — ensuring that girls with disabilities are not left behind.
4. Social Change
By placing menstrual hygiene within the constitutional framework, the Supreme Court has taken a stand against societal stigma, encouraging schools, communities, and governments to promote open, informed conversations about menstrual health.
Conclusion :
While the judgment lays down clear directions, its actual impact will depend on implementation at the grassroots level — from proper procurement and distribution of pads to regular monitoring of school facilities. States and Union Territories now face a significant responsibility to translate judicial vision into everyday reality for millions of girls across India. This decision isn’t just about pads or toilets — it’s about empowering girls with dignity, confidence, and equal opportunities. In recognising menstrual health as a fundamental right, the Supreme Court has upheld the belief that every girl has the right to live, learn, and thrive without barriers imposed by biology or bias.
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