Supreme Court Recognises Menstrual Health as a Fundamental Right under Article 21

Key facts

• The Supreme Court (SC) of India recognised access to menstrual health as a fundamental right under Article 21, expanding the constitutional meaning of life and dignity.
• A Bench led by Justices JB Pardiwala and R Mahadevan reframed menstrual health and hygiene as an enforceable constitutional entitlement rather than a matter of welfare or budgetary discretion.
• The ruling mandates all government and private schools to provide free oxo-biodegradable sanitary products to girls in classes 6 to 12.
• Schools are required to ensure access to functional girls’ toilets equipped with covered disposal bins, soap, clean water, and menstrual hygiene management corners.
• The judgement aligns sanitation and dignity with the Right to Education (RTE) under Article 21A and the principle of substantive equality under Article 14.
• The National Council of Educational Research and Training (NCERT) and State Councils of Educational Research and Training (SCERT) are directed to integrate gender-responsive curricula.
• District Education Officers are tasked with conducting annual inspections and collecting anonymous student feedback to monitor ground-level compliance.
• The National Commission for Protection of Child Rights (NCPCR) is designated to provide nationwide oversight for the implementation of these directives.
• Private institutions are subject to the ruling, and non-compliance may result in penalties such as derecognition.