Supreme Court Orders Free Sanitary Pads, Toilets And Spare Uniforms For Schoolgirls Across India

The Supreme Court has issued a significant directive aimed at strengthening menstrual hygiene facilities in schools across the country.

In a ruling delivered on Friday, the top court ordered all states and Union Territories to ensure that biodegradable sanitary pads are provided free of cost to schoolgirls, recognising menstrual hygiene as an essential part of the right to life under Article 21 of the Constitution.

The directions apply to all schools, whether government-run or privately controlled, and are linked to the effective implementation of the Centre's Menstrual Hygiene Policy for School-going Girls.

Mandatory facilities for girls in schools

A bench comprising Justices J B Pardiwala and R Mahadevan instructed authorities to ensure the availability of sanitary pads for students studying in classes 6 to 12. The court also mandated the provision of separate toilets for male and female students, highlighting the need for safe and hygienic infrastructure within educational institutions.

Beyond basic sanitation, the ruling stressed that schools must also provide water, soap and disabled-friendly toilets. Importantly, the court directed that spare uniforms should be made available for girls, addressing a key reason behind school absenteeism during menstruation.

Governments warned of accountability

The bench made it clear that governments would be held accountable if they fail to comply with these directions. It underlined that denial of basic menstrual hygiene facilities directly affects dignity, health and access to education for girls.

Linking menstrual health to constitutional guarantees, the court observed that access to hygiene products and proper sanitation is not a welfare measure but a fundamental right rooted in equality and dignity.

Menstrual health recognised as a fundamental right

Reaffirming its constitutional interpretation, the court held that menstrual health falls squarely within the scope of the right to life under Article 21. The order emphasised the broader impact of menstrual hygiene on education, equality and reproductive health.

"The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective, and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health. The right to a healthy reproductive life embraces the right to access education and information about sexual health. The right to equality is expressed through the right to participate on equal terms. At the same time, equality of opportunity necessitates that everyone has a fair chance to acquire the skills necessary to access benefits," read the order issued by the top court as per Bar and Bench.

The court further noted that the lack of menstrual hygiene management amounts to a violation of a girl child's dignity, which it described as the right to live without humiliation and avoid unnecessary suffering.

The judgment specifically addressed classroom realities, where girls often hesitate to seek help and teachers are constrained by limited resources. Calling attention to absenteeism caused by menstruation, the court said the ruling carries a clear message for students forced to stay away from school.
"The fault is not yours."