Published On: April 21st 2026
Authored By: Shreya Dhawan
Maharishi Markandeshwar Deemed to be University, Mullana, Ambala
Case Details:
- Name of the Case: Dr. Jaya Thakur v. Government of India & Ors.
- Citation: Writ Petition (Civil) No. 1000 of 2022
- Court: Supreme Court of India
- Bench: Justices J.B. Pardiwala and R. Mahadevan
- Date of Judgment: January 30, 2026
- Relevant Provisions/Statutes: Articles 14, 21, and 21A of the Constitution of India
Brief Facts
Dr. Jaya Thakur, a social worker, filed a writ petition under Article 32 of the Constitution of India seeking directions for the provision of free sanitary pads to every female child studying in Classes 6 to 12, and for all necessary measures to safeguard the health and hygiene of every menstruating female child — including separate toilets for female students in all government, public, and private schools across the country.
Issues
1. Whether the Right to Menstrual Hygiene could form a part of Article 21 of the Constitution of India?
2. Whether the non-availability of menstrual hygiene products and separate toilets for girls constitutes a clear violation of the right to equality guaranteed under Article 14 of the Constitution of India?
3. Whether the non-availability of menstrual hygiene products and separate toilets for female students constitutes a violation of the Right to Education under Article 21A of the Constitution of India?
4. Whether the non-availability of separate toilets for female students and menstrual hygiene products violates the provision of equal opportunity under Article 14 of the Constitution of India?
Judgment
The Supreme Court, in its judgment, issued the following directions that both government and private schools across the country are bound to follow:
1. Gender-Segregated Sanitation Facilities: All States and Union Territories must ensure gender-segregated toilets in every school, with clean and continuous water supply, soap and washing facilities at all times, and separate provisions for students with special needs.
2. Free Sanitary Pads: Free sanitary pads are to be provided to all female students studying in Classes 6 to 12 in every school. These pads are to be dispensed through vending machines installed in the washrooms.
3. Menstrual Health Management Corners: Every school must establish Menstrual Health Management Corners — dedicated spaces stocked with sanitary pads, innerwear, a spare uniform, and other necessities including pain relief medication — so that female students can manage their menstrual health with dignity.
4. Disposal Mechanisms: Schools must ensure proper disposal mechanisms for used sanitary products and make dustbins readily available in washrooms.
5. Curriculum Integration: NCERT and all other agencies responsible for framing the academic curriculum must incorporate topics related to menstrual hygiene, puberty, and Polycystic Ovarian Disease (PCOD) to build informed awareness among students.
6. Teacher Training: All teachers, irrespective of gender, must be trained to effectively address issues related to menstrual hygiene.
7. Monitoring and Inspection: District Education Officers (DEOs) are directed to conduct timely inspections — at least once a year — to verify compliance with all of the above directions.
Ratio Decidendi
The Supreme Court addressed all four issues raised before it. On the question of equality under Article 14, the Court held that the non-availability of sanitary pads to female children who cannot afford them is a clear violation of the right to equal opportunity. When a girl is unable to focus on her studies due to her menstrual cycle — simply because she lacks access to basic hygiene facilities — she is placed at an inherent disadvantage compared to her peers, in direct contravention of the equality guarantee under Article 14.[1]
On the question of Article 21, the Court held that the absence of menstrual hygiene facilities violates the right to live with dignity, which is an inseparable facet of the right to life. Female students who lack access to such facilities are often compelled to use unsafe and unhygienic materials as menstrual absorbents, causing them embarrassment and suffering for a natural biological process experienced by nearly half the world’s population.[2]
Addressing the Right to Education, the Court clarified that the right to free education is not confined to the mere provision of schooling — it encompasses ensuring that every child can access education comfortably and without impediment. Any barrier — including menstrual hygiene challenges — that prevents a female child from attending school necessarily engages the government’s constitutional obligation to intervene and remedy the situation under Article 21A.[3]
Accordingly, the Court held that it is the constitutional duty of the State to provide all necessary menstrual hygiene facilities to female students, grounded in both Articles 14 and 21 of the Constitution of India.
Final Verdict
The Supreme Court allowed the writ petition and issued comprehensive directions to the Union and State Governments to take all necessary steps to ensure menstrual hygiene in all public and private schools. Significantly, the Apex Court formally acknowledged the Right to Menstrual Hygiene as a fundamental right protected under Article 21 of the Constitution of India.
References
[1] Sucheta, Right to Menstrual Health Part of Right to Life: SC Issues Directions on Free Sanitary Pads, Menstrual Hygiene Management Corners in Schools, SCC Online Blog (Jan. 30, 2026), https://www.scconline.com/blog/post/2026/01/30/right-to-menstrual-health-part-of-art-21-of-constitution/
[2] Menstrual Health as a Fundamental Right, Drishti IAS (Feb. 4, 2026), https://www.drishtiias.com/daily-updates/daily-news-analysis/menstrual-health-as-a-fundamental-right
[3] Karthik V., Recognition of Menstrual Health as a Fundamental Right under Article 21, LiveLaw (Feb. 26, 2026), https://www.livelaw.in/articles/menstrual-health-fundamental-right-524733
