SC Declares Menstrual Hygiene a Fundamental Right, Orders Free Pads and Separate School Toilets

The Supreme Court on Friday held that the right to menstrual hygiene forms an essential part of the right to life and the right to privacy guaranteed under Article 21 of the Constitution. The court said access to menstrual hygiene is fundamental to dignity, health, and bodily autonomy for women and girls.

A bench comprising Justices JB Pardiwala and R Mahadevan issued binding directions to states, Union Territories, and educational institutions to ensure equal and dignified conditions for female students. The ruling came while deciding a plea that sought free sanitary pads and proper sanitation facilities for schoolgirls across the country.

Free Biodegradable Sanitary Pads Mandatory in All Schools

Directing immediate action, the apex court ordered all states and Union Territories to provide biodegradable sanitary napkins free of cost to girl students in all schools. The court made it clear that the responsibility applies to both government and private institutions.

The bench also mandated that every school must have separate toilets for female and male students, along with disability-friendly toilet facilities. It warned that private schools failing to comply could face derecognition for denying access to basic sanitation or free sanitary pads.

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Observing that menstrual hygiene is a constitutional entitlement, the court stressed that it cannot be treated as a matter of charity or policy discretion. It said the right flows directly from the guarantee of living with dignity and maintaining bodily autonomy under Article 21.

Justice Pardiwala, while pronouncing the judgment, remarked that the ruling was meant not just for legal stakeholders but also for classrooms where girls hesitate to seek help. He noted that real progress is reflected in how society protects its most vulnerable members.

MDU Incident Triggered Court Action on Menstrual Dignity

The judgment stems from proceedings initiated in November last year after the court took cognisance of a shocking incident at Maharshi Dayanand University in Haryana. In that case, three women sanitation workers were allegedly forced to send photographs of their sanitary pads to prove they were menstruating, sparking nationwide outrage over period-shaming.

Earlier benches had strongly condemned such practices, calling them invasive and degrading. The Supreme Court Bar Association, in its petition, highlighted multiple instances of similar violations and argued that they amounted to a grave breach of women’s rights to dignity, privacy, and bodily integrity. The Haryana government later informed the court that it had initiated an inquiry and taken action against those responsible.

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