Menstrual Health in Schools Is a Fundamental Right: Supreme Court’s Landmark Article 21 Judgment Explained
- Prateek
- 9 hours ago
- 7 min read
Supreme Court Recognises Menstrual Health as Integral to the Right to Life
In a landmark and deeply rights-based judgment, the Supreme Court of India has categorically held that menstrual health and hygiene in schools are integral to the Right to Life guaranteed under Article 21 of the Constitution of India.
The observation marks a decisive constitutional shift, bringing menstrual health—long treated as a welfare or public health issue—within the core of fundamental rights jurisprudence.
The ruling was delivered last week by a Bench comprising Justice J. B. Pardiwala and Justice R. Mahadevan, who directed the pan-India implementation of the Union Government’s Menstrual Hygiene (MH) Policy for School-going Girls.
The policy applies to adolescent girl children studying in Classes 6 to 12, covering the most vulnerable and dropout-prone age group in India’s school system.
Menstrual Health as a Component of Article 21
At the heart of the judgment lies the Court’s clear articulation that the right to menstrual health flows directly from Article 21, which guarantees the Right to Life.
The Bench held that menstrual health is not limited to biological processes but includes the safe, hygienic, and dignified management of menstruation. This interpretation places menstrual hygiene on the same constitutional footing as other conditions necessary for a life of dignity.
The Court reiterated that human dignity is an inseparable element of Article 21, and dignity cannot remain an abstract ideal—it must translate into living conditions free from humiliation, stigma, and social exclusion.
Autonomy, Bodily Integrity, and the Dignity of the Girl Child
Taking a rare and comprehensive 360-degree view of the issue, the Court underscored that bodily autonomy of menstruating girls cannot exist in the absence of enabling institutional conditions.
In a key passage of the judgment, the Bench observed:
“Autonomy can be meaningfully exercised only when girl children have access to functional toilets, adequate menstrual products, availability of water, and hygienic mechanisms for disposal.”
By shifting responsibility squarely onto the State, the judges held that denying such access violates the bodily autonomy of menstruating girl children and subjects them to a triptych of stigma, stereotyping, and humiliation.
The Court described this condition as “menstrual poverty”, emphasising that it prevents girls from exercising their rights on an equal footing.
Article 14 and Menstrual Health: Equality Before Law
The judgment goes beyond Article 21 by explicitly linking menstrual health to Article 14 of the Constitution, which guarantees the Right to Equality before law.
The Court observed that:
Inaccessibility of menstrual hygiene measures prevents girls from participating equally in school life
Girls are forced to miss classes or drop out during menstruation
This leads to unequal educational opportunities compared to male students and those who can afford sanitary products
Such exclusion, the Court held, is not incidental but systemic and discriminatory, violating the constitutional promise of equality.
Structural Discrimination and the Right to Education Under Article 21A
Introducing the concept of structural discrimination, the Court explained how systemic barriers embedded in institutions disproportionately disadvantage menstruating girls.
It held that:
The lack of access to sanitary products and hygienic facilities amounts to structural discrimination against girls
This discrimination directly undermines the fundamental right to education under Article 21A
Article 21A guarantees the Right to Free and Compulsory Education
The Bench further linked this violation to statutory obligations under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, reinforcing that menstrual exclusion strikes at both constitutional and legislative guarantees.
Mandatory Institutional Measures Ordered by the Supreme Court
To ensure that constitutional principles translate into lived realities, the Court issued binding and specific directions applicable to all schools across India.
The mandated measures include:
Sensitisation of male teachers and male students to reduce stigma, myths, and misconceptions surrounding menstruation
Provision of functional, gender-segregated toilets in all schools to ensure privacy, safety, and dignity
Free supply of sanitary napkins to girl students
Distribution of sanitary napkins preferably through vending machines
Establishment of dedicated Menstrual Hygiene Management (MHM) corners
MHM corners are designated spaces within schools that provide:
Access to sanitary products
Information on menstrual hygiene
Support systems for dignified menstrual management
Enforcement, Accountability, and Punitive Consequences
Unlike many declaratory judgments, the Supreme Court adopted a strict enforcement approach.
State governments will be held directly accountable if government-run schools fail to comply
Private schools face the risk of derecognition for non-compliance
The judgment explicitly allows for punitive action against defaulting institutions
This marks a rare instance where menstrual health obligations are backed by enforceable consequences.
Existing Government Schemes Supporting Menstrual Health
The judgment builds upon several existing government initiatives, while highlighting the need for sustained and uniform implementation.
Scheme for Promotion of Menstrual Hygiene
This scheme aims to:
Increase awareness about menstrual health
Enhance access to sanitary napkins
Promote eco-friendly disposal practices for menstrual waste
National Guidelines on Menstrual Hygiene Management
Issued under the Swachh Bharat Abhiyan, these guidelines focus on:
Creating awareness about menstrual hygiene
Targeting rural areas in particular
However, the Court noted that implementation has often been patchy, fragmented, and project-based, lacking continuity.
Pradhan Mantri Bharatiya Janaushadhi Pariyojana (PMBJP)
Under this scheme:
Janaushadhi Kendras sell sanitary napkins branded ‘Suvidha’
Suvidha napkins are oxo-biodegradable, meaning they degrade faster than conventional plastic
They are priced at ₹1 per pad, making them highly affordable
Beti Bachao Beti Padhao (BBBP) Scheme
The BBBP scheme:
Promotes gender equality and girl-child welfare
Includes initiatives to generate awareness about menstrual health
Encourages the use of sanitary napkins among adolescent girls
Samagra Shiksha Scheme
Under the Samagra Shiksha Scheme:
Sanitary pad vending machines are installed in schools
Incinerators are supported for the safe disposal of sanitary waste
Ground Reality: NFHS Data and Persistent Gaps
Despite policy interventions, access gaps remain significant.
According to NFHS-5:
77.3% of women aged 15–24 years used hygienic methods during menstruation
This marks an improvement from 57.6% in NFHS-4, but still leaves nearly one-fourth of women in this age group without hygienic menstrual support.
The lack of access to sanitary products, clean water, and toilets reflects a gendered lack of equity, rooted in social and institutional neglect.
Why This Judgment Matters
For years, menstrual health interventions in India have largely relied on:
Fragmented NGO efforts
Short-term projects
Limited institutional ownership
The Supreme Court’s judgment brings constitutional authority, accountability, and enforceability to the issue—precisely the kind of intervention needed, with what commentators have described as “the power of Thor’s hammer.”
As the Bench noted, echoing the ethos of The Pad Project:
“A period should end a sentence, not a girl’s education.”
From Welfare Measure to Enforceable Fundamental Right
By embedding menstrual health within Articles 21, 14, and 21A, the Supreme Court has transformed it from a welfare concern into a justiciable, enforceable fundamental right.
If matched with sustained policy commitment and financial allocation, the ruling has the potential to:
Erase stigma and humiliation
Protect dignity and bodily autonomy
Ensure uninterrupted education
Enable millions of girls to realise their full potential
For India’s education system, this judgment is not merely a legal clarification—it is a constitutional course correction.
FAQs : Supreme Court on Menstrual Health in Schools
Q. What did the Supreme Court say about menstrual health in schools?
Ans. The Supreme Court of India held that menstrual health and hygiene in schools are integral to the Right to Life under Article 21 of the Constitution of India. The Court ruled that safe, hygienic, and dignified management of menstruation is essential for ensuring dignity, bodily autonomy, equality, and access to education for school-going girls.
Q. Which constitutional articles did the Supreme Court link to menstrual health?
Ans. The Supreme Court linked menstrual health to:
Article 21 – Right to Life and dignity
Article 14 – Right to Equality before law
Article 21A – Right to Free and Compulsory Education
The Court held that denial of menstrual hygiene facilities violates all three constitutional guarantees.
Q. What is the Menstrual Hygiene (MH) Policy for School-going Girls?
Ans. The Menstrual Hygiene (MH) Policy is a Union Government policy directed to be implemented pan-India by the Supreme Court. It applies to adolescent girl children studying in Classes 6 to 12 and aims to ensure access to sanitary products, hygiene infrastructure, information, and dignified menstrual management in schools.
Q. How does menstrual health affect the Right to Education?
Ans. The Supreme Court held that lack of menstrual hygiene facilities forces girls to miss classes or drop out of school, directly undermining the Right to Education under Article 21A and obligations under the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
Q. What mandatory steps did the Supreme Court order schools to take?
Ans. The Court directed that all schools must:
Sensitise male teachers and male students on menstrual health
Provide functional, gender-segregated toilets
Supply free sanitary napkins to girl students
Distribute pads preferably through vending machines
Establish Menstrual Hygiene Management (MHM) corners for access to products and information
Q. What are Menstrual Hygiene Management (MHM) corners?
Ans. MHM corners are designated spaces within schools mandated by the Supreme Court. They are meant to provide:
Easy access to sanitary products
Information on menstrual hygiene
A safe and dignified space for managing menstruation
Q. What action will be taken if schools do not comply with the judgment?
Ans. The Supreme Court ordered punitive action for non-compliance:
State governments will be held accountable for failures in government-run schools
Private schools may face derecognition if they do not meet menstrual hygiene requirements
Q. What government schemes support menstrual health in India?
Ans. Key government initiatives include: Scheme for Promotion of Menstrual Hygiene, National Guidelines on Menstrual Hygiene Management (under Swachh Bharat Abhiyan), Pradhan Mantri Bharatiya Janaushadhi Pariyojana (offering ‘Suvidha’ pads at ₹1 per pad), Beti Bachao Beti Padhao (BBBP) and Samagra Shiksha Scheme.
Q. What are Suvidha sanitary napkins and how much do they cost?
Ans. ‘Suvidha’ sanitary napkins are sold through Janaushadhi Kendras under the Pradhan Mantri Bharatiya Janaushadhi Pariyojana. They are oxo-biodegradable and are priced at ₹1 per pad, making them highly affordable.
Q. What does NFHS data show about menstrual hygiene in India?
Ans. According to NFHS-5, 77.3% of women aged 15–24 years use hygienic methods during menstruation, up from 57.6% in NFHS-4. However, nearly one-fourth of women in this age group still lack access to hygienic menstrual care.
Q. What does ‘menstrual poverty’ mean according to the Court?
Ans. The Supreme Court used the term “menstrual poverty” to describe the condition where girls lack access to sanitary products, clean water, toilets, and disposal facilities, preventing them from exercising their right to education with dignity equal to their peers.