The Supreme Court of India has directed the Union Government to obtain written reports from every State and Union Territory on steps taken to implement its judgment recognising menstrual hygiene as part of the fundamental right to life under Article 21 of the Constitution. The Court warned that it may initiate contempt proceedings against the Chief Secretaries of States that fail to respond.
The directions were issued on October 13, 2026, in Dr. Jaya Thakur v. Government of India & Ors., a writ petition pending before the Supreme Court. The Court had previously directed States and Union Territories, through its September 1, 2026 order, to address identified deficiencies and report their progress at the next hearing.
During the latest proceedings, Additional Solicitor General Aishwarya Bhati informed the Bench that the Union Government had taken up the issue with the States and Union Territories, seeking information on how the judgment was being implemented. However, the required responses had not yet been received.
The Bench of Justice J.B. Pardiwala and Justice R. Mahadevan expressed concern over the lack of responses, emphasising that the earlier judgment must translate into actual measures rather than remain a declaration on paper.
The Court observed:
“We fail to understand that once the Union calls for the necessary information, why the States/UTs do not respond.”
The judges also stressed the importance of menstrual health for girls who face barriers to continuing their education, particularly in remote areas.
The order stated:
“Whatever we have done, we have done in the interest of young girls who are giving up education, more particularly, in remote parts of the country because of the problem of menstrual hygiene, etc.”
The Supreme Court directed the Union Government to seek written information from each State and Union Territory on the measures taken to implement the judgment. It asked the Union to revisit its earlier order, particularly paragraphs 11 and 13 to 23, and consider preparing a questionnaire to obtain specific responses.
The Court warned that if States or Union Territories remain unresponsive by the next hearing, it may issue contempt notices to the concerned Chief Secretaries.
Granting one final opportunity to comply, the Bench listed the matter for further hearing on December 14, 2026
Case Details
- Case Title: Dr. Jaya Thakur v. Government of India & Ors.
- Case Number: Writ Petition (Civil) No. 1000/2022
- Judges: Justice J.B. Pardiwala and Justice R. Mahadevan
- Order Date: October 13, 2026
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