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Menstrual health: A fundamental right to life, dignity

LCT Desk by LCT Desk
July 12, 2026
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Er. Prabhat Kishore

On 30th January 2026, the Honourable Supreme Court has ruled in the case of Jaya Thakur vs Government of India that the right to dignified menstrual health is an integral facet of Article 21 of the Constitution. Successful Menstrual Hygiene Management (MHM) is essential to ensure the right to education and equal opportunities for adolescent girls. Under the SC’s ruling every school in Bharatvarsha -whether Government or Private- is legally required to provide the following facilities :-
(1) Free Sanitary Pads – Every girl student receives free oxo-biodegradable sanitary napkins at school.
(2) Functional and Separate Toilets – Gender- segregated toilets with running water, privacy, soap, and accessibility.
(3) MHM Corners – A dedicated space stocked with pads, spare uniforms, disposable bags, and health information.
(4) Menstrual Health Education – Age appropriate health content in the curriculum, with trained and sensitised teachers.
(5) Safe Disposable Systems – Lidded waste bins in every toilet and Eco-friendly disposal.
(6) Inclusive Access – All infrastructure accessible to every student, including those with disabilities.
As per NITI Aayog Report on “School Education System in India” published in May 2026, 98592 schools in the country still lacks functional girls’ toilets, and 61540 schools have no usable toilets. According to U-DISE+ Report 2025-26, only 1394723 schools out of 1456083 schools of all managements have functional girls’ toilet. Ensuring universal access is critical not only for hygiene and dignity, but also for sustaining attendance and retention, especially in rural and underserved areas. The fact that one in every twenty three schools still lack such facilities signals the need for continued efforts to achieve full coverage, universal provision of safe and functional toilets for girls. It remains essential not only for health and dignity but also for improving attendance, retention, and transition rates, especially at the upper primary and secondary level.
The Central Government should keep monitoring and guiding all the States regarding effective compliance of all the directions of Supreme Court. The Court has declared Ministry of Education, Government of Bharat as the Nodal Ministry and pointed out that the Central Government shall furnish a fresh status report of further progress every three months.
In compliance with the directions of the Honourable Supreme Court regarding MHM in schools, significant efforts have been made by the concerned stakeholders, all States/UTs and Ministries towards insuring that complete adherence and progress towards substantial compliances to the directions of the Hon. SC order within a short period of time.
The Ministry of Health and Family Welfare has strengthened its implementation through the National Menstrual Hygiene Policy for school-going girls (2024), the Menstrual Hygiene Scheme (MHS), and the School Health and Wellness Programme (SHWP). The Ministry of Education and NCERT have initiated curriculum integration, teacher training modules and digital learning resources on menstrual health and related issues. The Department of Pharmaceuticals has expanded awareness and accessibility of Jan Aushadhi Suvidha sanitary napkins, and the department of Drinking water & sanitation has supported sanitation and disposal-related interventions through Swachh Bharat Mission (SBM) initiatives. The National Commission for Protection of Child Rights (NCPCR), and the State Commission for Protection of Child Rights (SCPCRs) have undertaken monitoring and co-ordination efforts for its implementation and oversight. Their digital monitoring framework shows diligence to the directives of the Supreme Court.
The Line Ministries based on their respective mandates along with the States/UTs have undertaken a series of measures to ensure availability of separate toilets for girls, provision of sanitary napkins, establishment of disposal mechanisms, awareness generation, and integration of menstrual hygiene education within the school system. Additionally, other covered areas such as anonymous student feedback systems, accessibility for children with disabilities, and structured monitoring mechanisms are under progressive implementation in the Staes/UTs.
States/UTs have gone beyond the standard menstrual hygiene measures and have adopted several innovative local contextual interventions. These includes MHM corners with Care & Comfort Rooms(where emergency essentials, menstrual absorbents, spare cloths, first-aid kits, and other emergency support materials are available), Pink Toilets, Garima Peti, Soap Banks, MY Pad ATM initiatives, Gaurvi Diwas, Purna Diwas and Kishori Melas, BAHINIScheme, Kishori Suchita Abhiyaan, and integration of menstrual health education under the School Health and Wellness Programme (SHWP) in States/UTs. Digital IEC platforms and educational interventions included the use of MYTHRI films for menstrual hygiene awareness, T-SAT live sessions, YouTube streams and multimedia IEC campaigns for implementation of the Adolescent Safety and Empowerment Programme (ASEP); smart classrooms, WhatsApp groups, and virtual sessions; GARIMA and KAVACH modules are supported.
Status of Directive-wise compliance:-
Direction 1 : Availability of Functional Toilets, Water Connectivity and Handwashing Facilities in Schools
States/UTs have reported that schools have separate toilets for girls with usable water connectivity. Repair and maintenance mechanisms are being strengthened through Samagra Shiksha and local bodies, while infrastructure strengthening in remote, tribal and geographically difficult areas are ongoing towards completion. The requirements of privacy and accessibility, and reported progressive development of ramps, accessible toilets and child-friendly facilities under inclusive education interventions are also being duly enabled. In all States/UTs, there is provision of handwashing facilities with soap and water integrated within WASH (Water, Sanitation And Hygiene) initiatives, and School Health and Wellness Programmes (SHWP), and monitoring mechanisms are being strengthened at district level to ensure uninterrupted supply of consumables.
Direction 2: Availability and Access to Sanitary products
Multiple mechanisms have been implemented across states to ensure access to sanitary napkins through schools, health facilities, RKSK platforms, ASHAs, vending machines, Jan Aushadhi Kendras and community-based distribution systems. Sanitary napkin vending machines or designated sanitary napkin distribution points are available/being installed in schools and institutional settings, their availability and installation are being further improved.
There is provision of sanitary napkins free of cost to adolescent girls in schools through various school-based and community distribution mechanism in Andhra Pradesh, Bihar, Goa, Gujarat, Ladakh, Lakshadweep, Manipur, Puducherry, Telangana, Tripura, Uttarakhand, Delhi, Punjab, Tamilnadu, Andman and Nicobar Islands, Arunachal Pradesh, Chandigarh, Haryana, Jharkhand, Karnataka, Meghalaya, Mizoram, Rajasthan, Sikkim, DNH-DD and Uttar Pradesh. Their availability is also ensured through the active participation of field level workers like ASHA to enable widespread coverage.
Direction 3: Safe and Environmentally Compliant Disposal Systems
Schools use incinerators, covered bins, deep burial pits and other waste disposal systems for menstrual waste management. Work is underway to install additional incinerators and strengthen environmentally friendly disposal practices. Availability of covered waste bins in girls’ toilets along with regular cleaning and disposal arrangements, indicates that schools are taking substantial steps in this direction.
Direction 4: IEC Activities, Awareness Generation and Teacher sensitisation
Significant progress has been made with regard to curriculum integration, teacher sensitisation and awareness generation. There is integration of menstrual hygiene-related topics through SCERT/NCERT curriculum, School Health & Wellness Programme (SHWP), Rashtriya Kishor Swasthya Karyakram (RKSK) platforms and adolescent education programme. Topics covered include menstruation, puberty, PCOS/PCOD,All States hygiene practices and stigma reduction. To create supportive school environments, both male and female teachers are being trained and sensitised through SHWP, SCERT, DIET and RKSK platforms.
Extensive IEC activities, classroom sessions, community mobilisation campaigns and dissemination workshops are being undertaken through schools, SHWP, RKSK and media platforms. Menstrual Hygiene Day is celebrated across the country on 28th May in co-ordination with stakeholders like Line Ministries and States/UTS. Efforts to create awareness and remove stigma towards menstruation is supported by use of customised flipbooks and simple easily comprehensive brochures by the Field Level Workers (FLWs). Efforts are being undertaken to disseminate information regarding Jan Aushadhi sanitary napkins and child helpline services through multiple awareness platforms.
Menstrual Health and Hygiene Management is a multidimensional and an inter-ministerial issue, requiring coordinated action by multiple Ministries/Departments and States/UTs in accordance with their respective mandates, statutory responsibilities, institutional mechanisms and programme frameworks. The implementation of various measures relating to menstrual health, hygiene, awareness generation, education, access, institutional support systems and welfare interventions is undertaken by different stakeholder Ministries/Departments/States under their respective schemes and policy mandates. All efforts are being undertaken to strengthen continuum of care and inclusive support to adolescent girls to flourish with dignity and care during their menstrual hygiene period across the country.
(The author is a freelancer and can be reached at [email protected])

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