SC says menstrual health a fundamental right, mandates free sanitary pads

The Supreme Court on Friday (January 20, 2026) directed all States and Union Territories to ensure girl students in private and government schools are provided bio-degradable menstrual sanitary pads for free, and held that the right to menstrual health is a part of the fundamental right to life enshrined in the Constitution.

A Bench of Justices J.B. Pardiwala and R. Mahadevan told States and Union Territories to ensure separate toilets for female and male students in all schools. It also said all schools, irrespective of whether they are State-run or controlled, will have to provide disabled-friendly toilets.

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“The right to menstrual health is part of the right to life under Article 21 of the Constitution,” the court held. It said that if private schools fail to provide these facilities, they will be de-recognised.

The Bench also said that it would hold governments accountable if they too fail to provide for toilets and free sanitary pads to girls.

The top court has reserved its verdict on a PIL filed by Jaya Thakur on December 10, 2024, seeking pan-India implementation of the Union government’s ‘Menstrual Hygiene Policy for school-going girls’ in government and government-aided schools for adolescent girls students from Classes 6 to 12.