It's My Right: In a significant development for women’s rights in India, the Supreme Court has recognised menstrual health and hygiene as an integral part of the right to life under Article 21. Menstrual health and hygiene are often treated as private or personal matters, but in reality they are deeply connected to women’s dignity, health, education and economic participation. When women and girls do not have access to safe menstrual products, clean toilets, adequate water, and proper disposal systems, it directly affects their daily lives.
To break down what the judgment means in law and in practice, The Daily Jagran spoke to Vaishali Gupta, advocate at the Delhi High Court, and Preethi Damodaran, Menstrual Hygiene Projects Director at Gramalaya, an NGO working for better sanitation in India.
Menstrual Hygiene: State’s Responsibility
In Dr Jaya Thakur vs Government of India (judgment dated 30.01.2026), the Supreme Court has issued wide-ranging directions to the State regarding menstrual hygiene infrastructure, awareness, and free sanitary products in schools.
Advocate Vaishali Gupta pointed out that the Supreme Court strongly emphasised this social dimension in its observations. Referring to the judgment, she quoted the bench: "This pronouncement is not just for the stakeholders of the legal system, it is meant for the classroom where girls hesitate to ask for help, for teachers who want to help but are restrained due to lack of resources, and for parents who may not realise the impact of their silence, and for the society to establish that progress is measured in how we protect the most vulnerable."
According to advocate Gupta, the message is clear: infrastructure without awareness cannot achieve meaningful change.
Is Provision Of Free Sanitary Pads In Schools Legally Mandatory Now?
"Yes. The Supreme has now made it mandatory for all States and Union Territories to ensure that every school, whether Government-run or privately managed, in both urban and rural areas, provides sanitary napkins available to girl students free of cost," she said.
She further explained that the apex court specifically directed the provision of oxo-biodegradable sanitary napkins complying with ASTM D-6954 standards, aligning menstrual health access with environmental safety and green initiatives. This transforms what was previously a welfare measure in many states into a binding legal obligation.
Does Right Apply Only To School Going Girls?
While the judgment in Dr Jaya Thakur case focuses significantly on girl children and preventing absenteeism and school dropouts, advocate Gupta clarifies that the constitutional principles laid down are broader.
She also references the draft National Menstrual Hygiene Policy, 2023, which aims to address menstrual health comprehensively.
Thus, while the immediate enforceable directions are school-focused, the constitutional reasoning extends to all menstruating persons.
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What Is Govt Required To Provide Under This Right?
According to advocate Gupta, the judgment establishes a “comprehensive bundle” of facilities, particularly in schools.
Menstrual Dignity Is About Equality
Preethi Damodaran calls the ruling a progressive affirmation of rights.
Drawing from her work in rural Tamil Nadu and other parts of South India, she observes noticeable change when menstrual barriers are addressed through awareness, affordable or reusable products, improved sanitation, and open dialogue.
"From my experience in rural Tamil Nadu and other parts of South India, I see that stigma is gradually reducing. Girls are asking questions with more confidence. Mothers are more open to discussing menstrual health. Schools are slowly improving infrastructure," she says.
While taboos built over generations cannot disappear overnight, Preethi Damodaran believes the direction is positive and that the Court’s judgment reinforces years of grassroots advocacy. Advocate Gupta concludes that the judgment marks a decisive shift; from viewing menstrual hygiene as a matter of charity or policy discretion to recognising it as a constitutional entitlement grounded in dignity, equality, and the right to life.
(Disclaimer: This article is part of the series 'It's My Right'. The views expressed in the article are for informational purposes only and do not constitute legal advice. To read more articles in the series, click here)