Fundamental Right to Life: SC’s big take on Menstrual Hygiene; directs schools to provide free sanitary pads

January 30, 2026

The Supreme Court on Friday directed all states and Union Territories to ensure that girl students in both private and government schools are provided with free biodegradable sanitary pads. The apex court, in its order, stated that menstrual health is a part of the fundamental right to life enshrined in the Constitution.

Regarding the order concerning the health of schoolgirls, the court said that if governments fail to provide schoolgirls with toilets and free sanitary pads, they will be held accountable. A bench of senior judges J.B. Pardiwala and R. Mahadevan, issued this order while considering the implementation of the central government’s menstrual hygiene policy for girl students in classes 6 to 12 in government and government-aided schools across the country.

Supreme Court’s Warning to Private Schools
The Supreme Court, in its order, stated that if private schools fail to provide separate toilets for girls and boys and provide sanitary pads, their recognition will be revoked. The court said, “The right to menstrual health is a part of the right to life under Article 21 of the Constitution. If private schools fail to provide these facilities, their recognition will be cancelled.”

Directions to Ensure Separate Toilets
The court also directed all states and Union Territories to ensure the availability of accessible toilets for persons with disabilities in all schools. Furthermore, all states and Union Territories have been directed to ensure separate toilets for male and female students in schools.

It may be noted that the apex court had reserved its judgment on December 10, 2024, on a public interest litigation filed by Jaya Thakur, seeking the nationwide implementation of the central government’s ‘Menstrual Hygiene Policy for School-Going Girls’ in government and government-aided schools for adolescent girls in classes 6 to 12.