Lack of Menstrual Hygiene Facilities in Schools Violates Girls’ Fundamental Rights: Supreme Court

New Delhi: The Supreme Court has delivered a landmark judgment holding that the absence of gender-segregated toilets and adequate menstrual hygiene facilities in schools amounts to a violation of girls’ fundamental rights, including the rights to education, equality, health, dignity and privacy.

Delivering the judgment on a public interest litigation, Justice J.B. Pardiwala observed that the right to education is integral to the exercise of other human rights and forms an essential part of the constitutionally guaranteed right to live with dignity. The court strongly criticised the failure of states to ensure basic facilities for girls during menstruation, noting that such shortcomings create direct barriers to education.

The bench emphasised that the lack of access to menstrual hygiene products directly affects a girl’s ability to attend school and, by extension, undermines her ability to enjoy other fundamental rights. It underlined that the State has not only a duty to refrain from violating dignity and privacy but also a positive obligation to take proactive measures to protect these rights.

“The right to menstrual health is part of the right to life and the right to health. The right to equality includes the right to equal opportunity,” the Supreme Court stated. Clarifying that this responsibility applies universally, the court directed both government and private schools to ensure the effective implementation of the right to education.

The court ordered all states and Union Territories to provide free oxo-biodegradable sanitary napkins, conforming to prescribed standards, in all schools. These products must be made available in school toilets or at designated locations within school premises. Schools were also directed to establish menstrual hygiene management corners equipped with essential supplies such as spare undergarments, additional uniforms and disposable bags.

In addition, the Supreme Court mandated awareness and training programmes on menstrual hygiene and the menstrual cycle for students. It observed that the silence of parents and teachers on the subject of menstruation often has an adverse impact on girls’ education.

Addressing the stigma associated with menstruation, the court remarked: “To every girl who has been denied education because her body was deemed impure, we say this — it is not her fault.”

The judgment marks a significant step towards recognising menstrual hygiene as a matter of constitutional rights and reinforces the obligation of authorities to create an inclusive and dignified educational environment for girls across the country.