'Menstrual Health A Fundamental Right': SC Directs States To Give Free Sanitary Pads For School Girls

Last Updated:January 30, 2026, 15:47 IST

The top court said that it would hold governments accountable if they too fail to provide for toilets and free sanitary pads to girls.

Supreme Court | File Image

The Supreme Court on Friday directed all states and Union Territories to ensure that girl students in private and government schools are provided bio-degradable menstrual sanitary pads for free. The top court further stated that the right to menstrual health is a part of the fundamental right to life enshrined in the Constitution.

“The right to menstrual health is part of the right to life under Article 21 of the Constitution," the Supreme Court said, adding that if private schools fail to provide these facilities, they will be de-recognised.

A bench of Justices JB Pardiwala and R Mahadevan told states and Union Territories to ensure separate toilets for female and male students in all schools.

In addition to this, the apex court asked all schools, irrespective of whether they are state-run or controlled, to provide disabled-friendly toilets.

The bench also said that it would hold governments accountable if they too fail to provide for toilets and free sanitary pads to girls.

The top court’s decision came while hearing a PIL filed by Jaya Thakur on December 10, 2024, seeking pan-India implementation of the Union government’s ‘Menstrual Hygiene Policy for school-going girls’ in government and government-aided schools for adolescent girls students from Classes 6 to 12.

(With agency inputs)

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