Is menstrual hygiene now constitutional right in India? Here's what Supreme Court says

The Supreme Court of India gave a landmark verdict on Friday (Jan 30, 2026), recognising access to menstrual hygiene as a constitutional right. The decision marks a significant move for the menstrual hygiene of women, providing dignity and stigma-free education. The apex court stated that access to menstrual hygiene is a right to life, dignity, health, and education for the girl child.

While observing a quote from American educator Melissa Berton, “a period should end a sentence - not a girl's education,” a Bench of Justices J.B. Pardiwala and R. Mahadevan stated that under Article 21 of the Constitution, to protect the right to health, the government bears a positive obligation, particularly for the menstrual health of girl children.

The Supreme Court also laid down a detailed set of binding instructions for all states and Union Territories, requiring them to provide free sanitary napkins, ensure operational gender-separate toilets, and promote menstrual health awareness in schools nationwide.

The court issued a continuing mandamus, allowing it to retain oversight of the case, to monitor implementation, directing both the Centre and state governments to guarantee the availability of free sanitary napkins and properly functioning toilets in all schools.

CSR initiatives

In response to the ruling, Vikas Bagaria of Pee Safe said the ruling was long overdue and marked a defining moment for dignity and access in period care. He noted that Pee Safe has consistently worked to break stigma and improve awareness through initiatives like its CSR programme HaqSePeriod, which partners with NGOs for education and distribution drives.

"This landmark Supreme Court ruling is a defining moment for menstrual equity in India. Declaring menstrual hygiene a fundamental right and mandating free sanitary pads in schools, better sanitation facilities, and strict enforcement was long overdue and will ensure no girl is denied education because of her period. At Pee Safe, we have advocated for this change for years, working to break stigma, spread awareness, and make period care accessible across India. Through our CSR initiative HaqSePeriod, we’ve partnered with NGOs to conduct free educational sessions and distribution drives, and our Menstrual Hygiene Day campaign Zero Period continues to push this mission forward. We will remain committed to driving awareness, access, and dignity until period care is truly universal," he said.

In response to the verdicts, the court has issued time-bound directions to the central government, states and union territories, to be complied with within three months. The Court has also ordered the National Council of Educational Research and Training and the State Council of Educational Research and Training to include gender-responsive curricula on puberty and menstruation.

In addition, district Education Officers (DEO) have also been directed to conduct periodic inspections of schools, preferably annually. And, mandated that DEOs must get anonymous feedback in the form of a tailored survey from the students themselves.