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Menstrual Health is a Fundamental Right

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 31-Jan-2026

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  • Constitution of India, 1950 (COI)

Dr. Jaya Thakur v. Government of India and Ors. 

"The absence of safe and hygienic menstrual management measures undermines dignified existence." 

Justices JB Pardiwala and R Mahadevan

Source: Supreme Court 

Why in News? 

The bench of Justices JB Pardiwala and R Mahadevan in the case of Dr. Jaya Thakur v. Government of India and Ors. (2026) declared that the right to menstrual health is part of the right to life under Article 21 of the Constitution and issued comprehensive directions for pan-India implementation of menstrual hygiene measures in schools. 

What was the Background of Dr. Jaya Thakur v. Government of India and Ors. (2026) Case? 

  • The petition was filed as a public interest litigation seeking free sanitary napkins for all adolescent girls in schools and proper toilet facilities for them. 
  • On November 28, 2022, a bench of former Chief Justice of India DY Chandrachud and Justice PS Narasimha issued notice to the Central Government and all states and Union Territories. 
  • On April 10, 2023, the Court directed the central government to frame a National Policy on menstrual hygiene for school-going girls in the country. 
  • The bench comprising former CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala directed that the policy must ensure low-cost sanitary napkins and safe disposal mechanisms of sanitary napkins in schools. 
  • The Court noted that three ministries of the Union dealt with the matter: the Ministry of Health and Family Welfare (MoHFW), Jal Shakti, and the Ministry of Education (MoE). 
  • On November 12, 2024, the bench directed the Union Government through Additional Solicitor General Aishwarya Bhati to formulate an action plan on the implementation of the national policy. 
  • Bhati suggested that the Union Ministry shall coordinate with States and UTs for drawing up respective action plans, with special attention to sensitisation and awareness activities for promoting safe menstrual hygiene practices in schools. 
  • The judgment was reserved by the Court on December 10, 2024, and delivered on January 30, 2026. 

What were the Court's Observations? 

Observations: 

  • The Court declared that the right to menstrual health is part of the right to life under Article 21, stating that absence of safe menstrual management measures undermines dignified existence and violates bodily autonomy of menstruating girl children. 
  • Justice Pardiwala emphasized that the judgment is meant for classrooms where girls hesitate to ask for help, teachers restrained by lack of resources, and parents unaware of their silence's impact, communicating to every girl child that her body should not be perceived as a burden. 
  • The Court noted that poor menstrual hygiene causes reproductive tract infections such as bacterial vaginosis, which may lead to infertility, thereby violating the right to bodily autonomy. 
  • The Court directed pan-India implementation of the Union's 'Menstrual Hygiene Policy for School-going Girls' for Classes 6-12. 

Court Directions: 

Infrastructure and Facilities Directions: 

  • All States/UTs must ensure every school (government or private, urban or rural) has functional gender-segregated toilets with water connectivity, designed for privacy and accessibility including for children with disabilities. 
  • All school toilets must have functional washing facilities with soap and water available at all times. 
  • All schools must provide free oxo-biodegradable sanitary napkins (ASTM D-6954 compliant) accessible within toilet premises through vending machines or designated places. 
  • All schools must establish menstrual hygiene management corners with spare innerwears, uniforms, disposable pads and necessary materials for menstrual urgency. 

Sanitary Waste Disposal Directions: 

  • All schools must have safe, hygienic, environmentally compliant disposal mechanisms for sanitary napkins per Solid Waste Management Rules. 
  • Each toilet unit must have covered wastebins for sanitary material with regular cleaning and maintenance. 

What are the Four Constitutional Questions Examined? 

Question 1: Violation of Article 14 (Right to Equality) 

Issue: Whether unavailability of gender-segregated toilets and menstrual absorbents violates Article 14's right to equality for adolescent girls? 

Answer: The substantive approach to equality under Article 14 requires remedying structural disadvantages. Menstruating girls who cannot afford absorbents face two-fold disadvantage: against those who can afford them, and against male/non-menstruating counterparts. Girls with disabilities face intersectional disadvantages. The absence of menstrual hygiene measures converts biological reality into structural exclusion, impeding girls' rights to participate in education and realize their potential. 

Question 2: Part of Article 21 (Right to Life and Dignity) 

Issue: Whether the right to dignified menstrual health is part of Article 21? 

Answer: Yes. The right to life under Article 21 includes the right to menstrual health. Inaccessibility of menstrual hygiene measures undermines dignity by forcing girls into absenteeism or unsafe practices, violating bodily autonomy. Privacy is linked with dignity, requiring State action to protect it. Without access to menstrual absorbents, girls resort to unhygienic materials (newspaper, cloth, tissue), and poor menstrual hygiene causes reproductive tract infections like bacterial vaginosis, potentially leading to infertility. 

Question 3: Violation of Right to Participation and Equality of Opportunity 

Issue: Whether unavailability of gender-segregated toilets and menstrual absorbents violates the right to participation and equality of opportunity under Article 14? 

Answer: Yes. Inaccessibility of menstrual hygiene measures strips away the right to participate on equal terms in schools. Without clean washrooms, girls face constant anxiety of leakage and embarrassment, discouraging school attendance. Lack of menstrual absorbents makes it unfeasible for girls to remain in school for long hours. The resulting educational absence creates a domino effect, limiting participation in all walks of life in future. 

Question 4: Violation of Article 21A and RTE Act 

Issue: Whether unavailability of gender-segregated toilets and menstrual absorbents violates Article 21A and the Right to Free and Compulsory Education Act 2009? 

Answer: Yes. The right to education is a multiplier right enabling exercise of other human rights. It requires free, compulsory and quality education, including removal of all expenses preventing children from completing education. The substantive approach to equality demands State action to remedy barriers. All schools must comply with RTE Act norms; non-compliance results in derecognition for private schools or State accountability for government schools. Inaccessibility of menstrual hygiene measures perpetuates systemic exclusion affecting girls' admission and continuation in school, requiring equality of opportunity beyond mere gender parity. 

 

What is Article 21 of the COI?  

About:  

  • Article 21 deals with the protection of life and personal liberty. It states that no person shall be deprived of his life or personal liberty except according to procedure established by law. 
    • The right to life is not merely confined to animal existence or survival but also includes the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living. 
  • Article 21 secures two rights: 
    • Right to life 
    • Right to personal liberty 
  • This article is characterized as the procedural Magna Carta protective of life and liberty.  
  • This fundamental right is available to every person, citizens and foreigners alike. 
  • The Supreme Court of India has described this right as the Heart of Fundamental Rights.  
  • This right has been provided against the State only. 

Rights under Article 21:  

  • The rights that Article 21 covers are as follows:  
    • Right to privacy  
    • Right to go abroad  
    • Right to shelter  
    • Right against solitary confinement  
    • Right to social justice and economic empowerment  
    • Right against handcuffing  
    • Right against custodial death  
    • Right against delayed execution   
    • Protection of cultural heritage  
    • Right to pollution-free water and air  
    • Right of every child to a full development  
    • Right to health and medical aid  
    • Right to education  
    • Protection of under-trials 

Case Laws:  

  • In Francis Coralie Mullin v. The Administrator (1981), Justice P. Bhagwati had said that Article 21 of the COI embodies a constitutional value of supreme importance in a democratic society 
  • In Kharak Singh v. State of Uttar Pradesh (1963), the Supreme Court held that by the term life, something more is meant than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by amputation of an armored leg or the pulling out of an eye, or the destruction of any other organ of the body through which the soul communicates with the outer world.