Ruled that for students from Classes 6 to 12, the State has the responsibility to provide sanitary pads “free of cost”.
The Supreme Court of India on Friday delivered a historic judgment recognising the right to menstrual health as a fundamental right under Article 21 of the Constitution of India.
According to a report by Bar and Bench, a bench comprising Justices J.B. Pardiwala and R. Mahadevan passed the ruling in a case concerning the pan-India implementation of the Centre’s policy, “Menstrual Hygiene Policy for School-going Girls”, in government and government-aided schools.
The Court, in its ruling as quoted by Bar and Bench, observed, “The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective, and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health. The right to a healthy reproductive life embraces the right to access education and information about sexual health. The right to equality is expressed through the right to participate on equal terms. At the same time, equality of opportunity necessitates that everyone has a fair chance to acquire the skills necessary to access benefits.”
The bench further stated that the inaccessibility of menstrual hygiene management measures undermines the dignity of a girl child, noting, “dignity finds expression in conditions that enable individuals to live without humiliation, exclusion, or avoidable suffering. Privacy is inextricably linked with dignity.”
“As a corollary, the right to privacy entails a duty on the State not only to refrain from violating privacy, but also an accompanying obligation to take necessary measures to protect the privacy of an individual," the Court is quoted as saying.
The Court added that its judgment is meant for young girls and for those girl children who have fallen victim to “absenteeism”.
"It is meant for the classroom, where girls hesitate to ask for help. It is for the teachers who want to help but are restrained due to a lack of resources. It is for the parents who may not realise the impact of their silence, and for society, to establish that progress is measured by how we protect the most vulnerable. We wish to communicate to every girl child who may have become a victim of absenteeism because her body was perceived as a burden, that the fault is not hers. These words must travel beyond the courtroom and law review reports, and reach the everyday conscience of society at large," the Court said.
Advocate Varun Thakur told the media that the Court, in its judgment, also ruled that for students from Classes 6 to 12, the State has the responsibility to provide sanitary pads “free of cost”.
VIDEO | Delhi: Reacting to the Supreme Court ruling that the right to menstrual health is part of the fundamental right to life, Advocate Varun Thakur says, “Today, the Supreme Court has delivered a historic and path-breaking judgment, and we wholeheartedly welcome it. The Court… pic.twitter.com/5LQwlSAFA6
— Press Trust of India (@PTI_News) January 30, 2026
“The Supreme Court further clarified that these directions apply to all States as well as the Union of India, and it has sought a compliance report within three months,” Thakur added.
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