Supreme Court Declares Right to Menstrual Health Part of Right to Life

Menstrual health is an important but often ignored issue in India. Many girls face problems in schools due to lack of clean toilets, water, and sanitary pads. This affects their health, dignity, and education. On January 30th 2026, the Supreme Court recognised menstrual health as part of the right to life and dignity under Article 21. This decision highlights the need for better facilities and awareness.

Background

A social worker submitted a petition asking the Government to take action to ensure that every girl studying in Classes G to 12 gets free sanitary pads, that girls have separate toilets in all government-aided and residential schools, and that these toilets are kept clean and maintained, along with awareness programmes on menstrual health.

Supreme Court Directions on Menstrual Health in Schools

1. Toilet and Washing Facilities

- All schools (government and private, in urban and rural areas) must have functional, gender-separate toilets.

- Toilets must have regular water supply, ensure privacy, and be accessible to children with disabilities.

- Every school toilet must have handwashing facilities with soap and water available at all times.

2. Availability of Menstrual Absorbents

- Schools must provide free oxo-biodegradable sanitary napkins to girl students.

- Sanitary pads should be available through vending machines in toilets or a designated place in the school.

- Every school must set up Menstrual Hygiene Management (MHM) corners with spare uniforms, innerwear, disposable bags, and other essentials.

3. Disposal of Sanitary Waste

- All schools must have a safe, hygienic, and eco-friendly system for disposing of sanitary waste.

- Each toilet must have a covered dustbin for sanitary waste.

- Regular cleaning and maintenance of disposal bins is mandatory.

4. Awareness, Education, and Training

- NCERT and SCERT must include lessons on menstruation, puberty, and related health issues in the school curriculum.

- All teachers, both male and female, must be trained and sensitised on menstrual hygiene.

- Information about Jan Aushadhi sanitary napkins and the child helpline must be widely publicised through different media.

5. Monitoring and Compliance

- The Supreme Court issued a continuing mandamus.

- This means the Court will continuously monitor whether States and schools are following these directions.

- The Court clarified that free education under Article 21A and the RTE Act 2009 (the right of the children to free and compulsory education RTE Act 2009) includes all basic requirements needed for a child to continue schooling, including menstrual hygiene needs. It also held that the Right to Menstrual Hygiene is part of Article 21, which guarantees the Right to Life and Dignity.

- Finally, the Court ruled that all schools—government and private—must follow RTE standards related to hygiene and facilities. Private schools that fail to comply can face de-recognition, while failures in government schools will make the State accountable.

Supreme Court about Role of Men and Boys

- The Court said menstruation should not be discussed in secrecy or shame.

- Boys must be educated about menstruation so they do not tease or harass girls.

- Unsensitised male students can make girls feel unsafe, leading to fear and school absenteeism.

- Male teachers must also be trained to understand and support menstruating girls.

- The Court emphasized that menstrual health is a shared responsibility, not just a women’s issue.

- Awareness should include girls, boys, parents, and teachers.

- Open discussion in schools helps remove stigma and treats menstruation as a normal biological process.