Supreme Court Declares ‘Menstrual Health’ as a Fundamental Right under Article 21In January 2026, a Supreme Court of India (SCI) bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan delivered a landmark ruling in the case of Dr. Jaya Thakur v. Government of India & Ors., officially recognizing ‘Menstrual Health and Hygiene (MHH)’ as a Fundamental Right under Article 21 (Right to Life and Dignity) of the Constitution of India.
Implementation Framework:
Provision: All government and private schools must provide free oxo-biodegradable sanitary napkins (Classes 6–12) through vending machines and establish Menstrual Hygiene Management (MHM) corners with spare uniforms, innerwear, and disposal bags.
Infrastructure: Schools must ensure functional, gender-segregated toilets with running water, soap, and safe disposal systems in compliance with Solid Waste Management (SWM) Rules, 2026.
Oversight: District Education Officers (DEO) must conduct annual inspections, while the National Commission for Protection of Child Rights (NCPCR) and State Commissions for Protection of Child Rights (SCPCR) supervise compliance, supported by anonymous student feedback mechanisms.