Latest JudgementConstitution of India

Dr. Jaya Thakur v. Government of India and Others, 2026

The Supreme Court directed pan-India implementation of the National Policy on Menstrual Hygiene for school-going girls (Classes 6–12).

Supreme Court of India·30 January 2026

Court

Supreme Court of India

Date of Decision

30 January 2026

Judges

Justice JB Pardiwala and Justice R Mahadevan

Citation

Acts / Provisions

Article 21, Constitution of India Article 14, Constitution of India Article 21A, Constitution of India

Facts of the Case

Petitioner filed a public interest litigation seeking provision of free sanitary napkins and functional, gender-segregated toilets in all schools for adolescent girls.
The case sought implementation of biodegradable menstrual hygiene products and safe disposal mechanisms in schools.
The Union Government and States were directed to formulate action plans under the National Policy on Menstrual Hygiene.
Prior interim directions included low-cost sanitary napkins, awareness, sensitization, and safe disposal mechanisms.
The Court emphasized the intersection of gender, disability, and structural disadvantage in accessing menstrual hygiene measures.

Whether the unavailability of gender-segregated toilets and non-access to menstrual absorbents violates the right to equality under Article 14?
Whether the right to dignified menstrual health is part of the right to life under Article 21?
Whether lack of access to menstrual hygiene measures violates the right to participation and equality of opportunity under Article 14?
Whether the unavailability of menstrual hygiene measures violates the right to education under Article 21A and the RTE Act?

The Supreme Court directed pan-India implementation of the National Policy on Menstrual Hygiene for school-going girls (Classes 6–12).
Key Directions:
- All schools must have functional gender-segregated toilets with water and washing facilities.
- Oxo-biodegradable sanitary napkins to be provided free of cost to all adolescent girls.
- Establish menstrual hygiene management corners with spare uniforms, pads, and other materials.
- Safe disposal mechanisms for sanitary waste, including covered wastebins, maintained regularly.
- Schools must ensure privacy, accessibility, and compliance with ASTM D-6954 standards for sanitary products.
- States and UTs to coordinate implementation, with special focus on awareness and sensitization.

The right to menstrual health is part of Article 21 (Right to Life and Dignity).
Denial of access to menstrual hygiene measures constitutes structural discrimination, violating Articles 14, 21, 21A.
Provision of menstrual hygiene measures is essential for equal participation, education, and bodily autonomy of adolescent girls.
Schools, both government-run and private, must comply with national standards or risk derecognition under the RTE Act.

Recognizes menstrual health as a fundamental right linked to dignity, equality, and education.
Affirms intersectional disadvantage gender, disability, socioeconomic status—as a factor in designing policies.
Emphasizes substantive equality over formal equality; the State must provide affirmative measures to remove structural barriers.
Provides actionable framework: policy implementation, school compliance, and sensitization programs.
Aligns with the principle that education is a multiplier right enabling exercise of other fundamental rights.
Sets precedent for treating biological realities as human rights issues enforceable by the State.