Menstrual health a fundamental right, says Supreme Court, directs schools to ensure facilities for girls

The Supreme Court of India has issued directions to schools regarding menstrual health and access to basic period-related facilities in educational institutes. The court said that the menstrual health and access are included in the fundamental right to life and dignity guaranteed under article 21 of the constitution.

As per the reports by LiveLaw, the Court directed that the union government’s ‘Menstrual Hygiene Policy’, meant to make sure that girls can manage their periods safely, with dignity, and without missing school, for school-going girls be implemented across the country in all schools for adolescent girls studying in classes 6 to 12.

The court observed, “Dignity cannot be reduced to an abstract idea. It must be lived every day, without humiliation, exclusion, or avoidable suffering.”

The court noted that many girls across the country continue to face serious difficulties during their periods due to the lack of clean toilets, unaffordable sanitary pads, and hesitation in seeking help. As a result, several students miss classes, fall behind in their studies, and in some cases, are forced to drop out of school altogether. The court said this situation is unfair and cannot be allowed to continue.

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The judges noted that “menstrual poverty forces girl children to choose between attending school and managing their own bodies safely.”

To address this, the court ordered states and union territories to make sure that every school, whether government-run or private, in cities or villages, has clean and usable separate toilets for girls and boys, with proper doors, water supply, and soap. The toilets should give girls full privacy and must also be usable for children with disabilities.

The court stressed that “a girl child has a legitimate expectation to manage menstruation in privacy and with dignity.”

Menstrual health: SC orders free sanitary pads in schools

The court has also directed that free sanitary pads safe for health and the environment be provided to all school-going girls, especially those studying from classes 6 to 12 . The pads should be kept in an easy-to-reach place, preferably near toilets, so girls can take them without hesitation.

The court also directed schools to set up small support corners for girls with extra sanitary pads, spare clothes, and other basic items that may be needed during periods. This is meant to help girls during emergencies so they can continue their day at school without fear or discomfort, LiveLaw reported.

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The judges said this decision is not just about rules and orders. It is for girls who silently suffer every month, for teachers who want to help but lack facilities, and for parents who may not realise how deeply periods affect their daughters’ lives.

As per the LiveLaw, Justice JB Pardiwala noted that “no child should be forced to choose between dignity and education."

The court noted that the lack of sanitary pads is not only a health issue but also affects girls’ equality, dignity, and education, as missing school during periods can harm their learning, confidence, and future opportunities.