New Delhi, Jan 31: In a landmark judgment, the Supreme Court on Friday declared that the right to menstrual health is a fundamental right under the Constitution and directed all States and Union Territories to provide free sanitary pads to schoolgoing girls.A Bench comprising Justices J.B. Pardiwala and R. Mahadevan held that access to menstrual hygiene products and adequate facilities is an integral part of the right to life and dignity under Article 21. The court observed that lack of menstrual hygiene support adversely affects the health, education, equality and dignity of adolescent girls.
The apex court ordered governments to ensure the free supply of biodegradable sanitary pads to girls studying in both government and private schools. It also directed that schools must have separate, functional toilets for girls, with running water, proper disposal mechanisms and disability-friendly access.
The court further instructed authorities to set up menstrual hygiene management facilities in schools, including availability of sanitary products and awareness programmes, to ensure that girls are not forced to miss classes due to lack of basic support.
The judgment was delivered while hearing a Public Interest Litigation seeking uniform implementation of menstrual hygiene schemes across the country. The court noted that social stigma, inadequate infrastructure and lack of awareness continue to push many girls out of the education system.
Emphasising that menstrual health is not a matter of charity but a constitutional obligation, the Supreme Court warned that non-compliance by private schools could invite strict action, including withdrawal of recognition.
The ruling is expected to have a significant impact on improving school attendance, health outcomes and overall well-being of millions of girls across India.