In a landmark judgment to ensure gender justice and educational equity, the Supreme Courton Friday held that the right to menstrual health is a part of the fundamental right to life enshrined in the Constitution and directed all private and government schools pan-India to provide girl students with free biodegradable menstrual sanitary pads.
The top court also directed that states and UTs should ensure that separate toilets are available in all schools for female and male students and mandated all students to strictly ensure compliance with these standards.
Private schools will be de-recognised if they fail to provide these facilities, the apex court ruled, while also warning that governments would also be held accountable in cases where sub-standard facilities are found.
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What did the Supreme Court Bench say?
Justices J B Pardiwala and R Mahadevan stated that the right to menstrual health is an inseparable part of the “Right to Life” under Article 21 of the Constitution. The bench also ruled that disabled-friendly toilets should be available in all schools.
The top court made the observations while hearing a plea filed by Jaya Thakur in December 2024, seeking the pan-India implementation of the government’s ‘Menstrual Hygiene Policy for school-going girls’ for Classes 6 to 12.
During the hearing on Friday, the top court ruled that if menstrual hygiene management measures are not available for girl children, then it undermines the “dignity of a girl child”.
According to a report by the Bar and the bench, the court also pointed out that privacy and provision to deal with health matters is “inextricably linked with dignity”. Friday’s verdict, it noted, is meant for girls who “hesitate” to ask for help in the school.
“The order is for the teachers who want to help but are restrained due to lack of resources. And it is for the parents who may not realize the impact of their silence and for the society to establish that progress is measured by how we protect the most vulnerable,” the top court observed.
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Linking court order with Economic Survey’s recommendations
The ruling directly addresses the findings of theEconomic Survey 2025-26, which notes that while school enrollment (GER) is rising, variations in “infrastructural gaps” continue to influence the “equitable distribution of essential services”.
The court order directs Schools to provide free, bio-degradable menstrual products to girl students. This specific focus on “bio-degradable” aligns with the Survey’s push for “Green initiatives” and “mitigation” of environmental impact. |
