Menstrual Hygiene is a Fundamental Right: SC's Landmark Ruling on Women Health

Udaipur, Jan 30, 2026: The Supreme Court of India, is a landmark judgement on Friday, January 30, 2026 declared menstrual health a fundamental right for women. The apex Court said that menstrual health was an integral part of the the Right to Privacy and Right to Life under Article 21 of the Indian Constitution.

“Before parting with the issue, we want to say that this pronouncement is not just for stakeholders of the legal system. It is also meant for classrooms where girls hesitate to ask for help. It is for the teachers who want to help but are unable to, due to lack of resources. Progress is measured by how we protect he vulnerable" - Justice JB Pardiwala

The court accordingly issued directives to stakeholders in the central and state governments as well as to those in the UTs and educational institutions to ensure that the dignity, health and equality for women and girls are protected.

The 2-Judge Bench of Justices R Mahadevan and JB Pardiwala were hearing a plea seeking free sanitary pads and adequate sanitation facilities for school going girls. The judgement ordered the stakeholders to provide biodegradable sanitary pads free of cost to girl students in all schools. Additionally the bench instructed the stakeholders to ensure that separate toilets are provided for boys and girls as well as for the speciall abled in all schools.

Both government and public schools were instructed to abide by the directives, failing which derecognition would be among the possible penalties. Further, the Court said that the respective governments will be held accountable if any entity is found wanting.

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