Gender-inclusive Constitutional Justice

February 24, 2026

The landmark judgement by the Supreme Court is likely to be remembered not only for the public consensus it has generated but for the legal clarity with which it expands the meaning of life and dignity under Article 21 of the Constitution. By recognising access to menstrual health as a fundamental right, the court has acknowledged a long-ignored reality: that millions of adolescent girls in India navigate puberty without adequate education, equity, health or dignity.

In a departure from past approaches, the Bench led by Justices JB Pardiwala and R Mahadevan reframed menstrual health and hygiene not as a matter of welfare or budgetary discretion, but as an enforceable constitutional entitlement. The judgement affirms that prioritising girls’ menstrual health is not a policy preference, but a requirement of gender-inclusive constitutional justice. The judgement places schools at the centre of this rights-based intervention, not merely as educational spaces but as institutions where constitutional guarantees must be realised in daily practice. By directing all states and Union territories to comply across both government and private schools, the court has underscored that menstrual dignity cannot be contingent on institutional ownership or management models.

Under the ruling, schools must now provide free oxo-biodegradable sanitary products to girls in classes 6 to 12; ensure access to functional girls’ toilets with covered disposal bins, soap and clean water; and establish menstrual hygiene management corners stocked with emergency supplies, extra uniforms and underwear.

The judgement places schools at the centre of this rights-based intervention, not merely as educational spaces but as institutions where constitutional guarantees must be realised in daily practice. By directing all states and Union territories to comply across both government and private schools, the court has underscored that menstrual dignity cannot be contingent on institutional ownership or management models.

Under the ruling, schools must now provide free oxo-biodegradable sanitary products to girls in classes 6 to 12; ensure access to functional girls’ toilets with covered disposal bins, soap and clean water; and establish menstrual hygiene management corners stocked with emergency supplies, extra uniforms and underwear. The emphasis on disability-friendly infrastructure is notable, as it recognises that menstrual health provisions must be inclusive by design.