The Supreme Court directed the Union Government to address gaps in implementing menstrual hygiene management measures in schools, stressing that merely recognising menstrual hygiene as a fundamental right is insufficient unless the right becomes meaningful, workable, and effectively enforced on the ground.
The Supreme Court instructed the Union Government to remedy shortcomings in implementing its orders on menstrual hygiene management in schools, noting that recognising menstrual hygiene as a fundamental right is insufficient without effective ground-level action.
A Bench of Justice JB Pardiwala and Justice R Mahadevan said menstrual hygiene has been recognised as a facet of Article 21 of the Constitution, and it cautioned that any negligence in carrying out the Court’s directions would be dealt with seriously.
The Court was reviewing compliance with its January 30 judgment in Dr. Jaya Thakur’s petition, which required implementation of the Union Government’s Menstrual Hygiene Policy for school-going girls.
The judgment required schools to provide free biodegradable sanitary napkins and gender-segregated toilets with water facilities for girls in Classes VI to XII.
Representing the petitioner, Advocate Varun Thakur argued that the reports submitted by the Union and States largely reflected policy suggestions rather than proof of actual implementation. He pointed out the NITI Aayog Report 2026, which notes that over 98,000 government schools do not have functional girls’ toilets, and that more than 61,000 schools lack usable toilets.
After considering these concerns, the Bench directed the Union Government to assess the gaps raised by the petitioner and undertake corrective steps at the earliest.
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The Court further directed the Centre to continue overseeing compliance by States and Union Territories and to file updated progress reports every three months, stating that it will closely monitor the execution of its directions.
A Menstrual Hygiene Policy is a framework adopted by governments, institutions, workplaces, or schools to ensure safe, dignified, and affordable menstrual health management. It typically focuses on access to sanitary products, clean toilets and water facilities, menstrual health education, disposal mechanisms, and measures to reduce stigma and discrimination related to menstruation.