'Menstrual health part of right to life': Supreme Court orders free pads, toilets, pan-India school policy

The case traces its origins to a 2022 plea seeking free sanitary napkins and adequate toilets for school-going girls. (Representative image)

• Supreme Court: Menstrual health is a right under Article 21
• Schools must offer free sanitary napkins and gender-segregated toilets nationwide.
• Non-compliance may lead to school derecognition and state accountability

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In a landmark ruling on Friday, the Supreme Court has declared that the right to menstrual health is an integral facet of the right to life under Article 21 of the Constitution.

The Court held that denial of access to menstrual hygiene facilities and absorbents undermines dignity, privacy and equality of adolescent girls and directly affects their ability to participate in education and society.

The Bench of Justice JB Pardiwala and Justice R Mahadevan ruled that inaccessibility of menstrual hygiene management measures strips away equal opportunity and pushes girls into avoidable suffering and exclusion.

It observed that dignity “finds its impression in conditions that enable individuals to live in a condition without humiliation, exclusion or avoidable suffering,” and that privacy, being inseparable from dignity, imposes both negative and positive obligations on the State.

Answering the constitutional questions framed in the case, the Court concluded that the absence of gender-segregated toilets and menstrual absorbents violates Articles 14, 21, and 21A. It also held that education is a “multiplier right” that enables the exercise of other fundamental rights, and that structural disadvantages faced by adolescent girls must be addressed through substantive equality.

Before concluding, Justice Pardiwala, who authored the judgment, said, ""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 and for society to establish its progress as a measure in how we protect the most vulnerable. We wish to communicate to every girlchild who may have become a victim of absenteeism because her body was perceived as a burden when the fault is not hers."

Nationwide directions for schools and states

The Court ordered pan-India implementation of the Union’s national policy titled “Menstrual Hygiene Policy for School-going Girls” for students of Classes 6 to 12. It directed all States and Union Territories to ensure that every school, whether government-run or privately managed, in urban as well as rural areas, is equipped with functional gender-segregated toilets with usable water connectivity.

All toilets, existing or newly built, must ensure privacy, accessibility, and accommodate the needs of children with disabilities. Schools must also provide washing facilities along with soap and water at all times.

Further, the Court mandated free distribution of oxyzo-biodegradable sanitary napkins manufactured in compliance with ASDM-694 standards. These must be easily accessible, preferably through vending machines inside toilets or at clearly designated locations.

Schools are also required to establish menstrual hygiene management corners stocked with spare innerwear, uniforms, disposable pads, and other essential materials to address emergencies. Directions were also issued regarding safe disposal of sanitary waste.

The Court made it clear that free education under Article 21A and the Right to Education Act includes expenses that would otherwise prevent a child from pursuing and completing schooling. Schools found in violation of statutory norms may face derecognition, while the State would be accountable where government-run institutions fail to comply.

Background of case

The case traces its origins to a 2022 plea seeking free sanitary napkins and adequate toilets for school-going girls. On November 28, 2022, a Bench led by former Chief Justice of India DY Chandrachud and Justice PS Narasimha issued notice to the Centre and all States and UTs.

Subsequently, on April 10, 2023, the Court directed the Union Government to frame a National Policy on menstrual hygiene for school-going girls.

On November 12, 2024, the present Bench asked the Union Government to place an action plan for implementing the policy.

Additional Solicitor General Aishwarya Bhati informed the Court that the Union Ministry would coordinate with States and UTs to draw up respective action plans, with special emphasis on sensitisation and awareness programmes in schools. Distribution of pads, she said, would largely take place through schools and Anganwadis.

When the Court reserved judgment on December 10, 2024, it sought clarification on whether free pads were already being provided and whether girls were required to demand them. The ASG responded that a national policy had been framed and that States and UTs would be responsible for its implementation.

The Court also noted that the Ministries of Health and Family Welfare, Jal Shakti, and Education are the key Union ministries dealing with menstrual hygiene-related measures.