The Supreme Court on Monday emphasized that menstrual hygiene is a fundamental right flowing from Article 21 of the Constitution and warned that any laxity in implementing its earlier directions would be viewed seriously. While reviewing compliance reports submitted by the Union Government and States, the Court noted progress on menstrual hygiene management in schools but also highlighted several shortcomings requiring immediate attention.
The matter was heard by a Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan in Dr. Jaya Thakur v. Government of India & Ors.
Background of the Case
The petition concerns implementation of menstrual hygiene management measures in schools across the country. Pursuant to earlier directions issued by the Supreme Court, the Union Government placed a compliance summary before the Bench detailing steps taken by ministries, departments, and 36 States and Union Territories.
According to the report, governments have undertaken measures such as providing separate toilets for girls, ensuring access to sanitary napkins, establishing disposal systems, conducting awareness programmes, and integrating menstrual health education into school curricula.
The report also referred to innovative initiatives adopted by various States, including care and comfort rooms, pink toilets, sanitary pad vending systems, awareness campaigns, and digital outreach programmes aimed at improving menstrual health management.
During the hearing, the petitioner’s counsel submitted a note pointing out gaps in implementation. The note referred to data indicating that thousands of government schools still lacked functional girls' toilets and argued that many compliance claims were based on policy measures rather than verified ground-level execution.
Taking note of these concerns, the Bench observed:
“We have declared menstrual hygiene as a fundamental right. In other words, we have declared menstrual hygiene as one of the facets of Article 21 of the Constitution.”
The Court further stressed that merely recognizing a right was not sufficient.
“Mere declaration, by this Court, is not going to serve the purpose. The Union and all the State Governments jointly have to act in a positive manner and in the right direction to make this fundamental right more meaningful and workable.”
The Bench stated that the shortcomings highlighted by the petitioner could not be ignored and directed the Union Government to examine those issues at the earliest. It cautioned that any negligence in addressing them would be viewed strictly.
The Supreme Court directed the Union Government to continue monitoring implementation of its menstrual hygiene directions and to regularly collect compliance data from States and Union Territories. The Court ordered that fresh progress reports be filed every three months.
The Bench also directed all State Governments to submit their status reports to the concerned Union Ministry by 15 August 2026 and clarified that the Ministry of Education would serve as the nodal ministry for future compliance reports.
Additionally, the Court asked the Union Government to examine concerns raised in an intervention application relating to oxo-biodegradable materials and take appropriate steps if necessary.
The matter has been listed for further compliance monitoring on 1 September 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
Decision Date: 25 May 2026
