Menstruation in India is still a taboo, unspoken issue for many.  Adolescent girls face shame, poverty, and substandard sanitation, leading to absence from school or even dropout. Dasra, a non-profit organisation in a  2014 study found that about 2.3 crore Indian girls drop out of school every year after they start menstruating, largely due to lack of sanitary products and toilets.  In practical terms, roughly one in five girls in India never returns to school after her first period.  Millions more miss school regularly for these reasons.  According to UNICEF, over 71% of Indian girls did not even know what menstruation was until they reached puberty , so a heavy bleeding day can feel like a frightening surprise.  The absence of proper toilets, water and pads forces many girls to end up using cloth, ash or newspaper, heightening the risk of infection, infertility, and/or absenteeism.

Period poverty knows no borders

This problem transcends India’s border. A recent WHO report found huge gaps worldwide in how schools deal with periods.  Globally, only 2 out of 5 schools even teach menstrual health .  Fewer than one in three schools provide disposal bins in girls’ toilets, and in many countries girls simply cannot find clean water or private space to change at school .  The shame and silence around periods mean that even when toilets exist, girls often hide their needs.

How menstrual health became an issue for the courts

A social worker Dr. Jaya Thakur petitioned the Supreme Court of India.  She argued that failing to provide sanitary pads, toilets and education on menstruation violates fundamental rights.  On January 30, 2026, a bench of Justices J.B. Pardiwala and R. Mahadevan agreed in a landmark ruling.  In Dr. Jaya Thakur v. Union of India, the Court held that menstrual health is not a mere social issue but a constitutional right – part of the right to life (Article 21) and the right to education (Article 21A).  Simply put, the court ruled that a girl’s ability to stay healthy and in school during periods is a core part of her right to live and dignity.

Why menstrual health is a fundamental right

The court pronounced its position very clearly. It held that  “the right to life under Article 21 of the Constitution includes the right to menstrual health.” (Para 133) .[1]  The Court explained that when girls cannot get sanitary pads, they are forced to use cloth, ash or newspaper.  As the judiciary articulated in Para 150,  “when a girl child cannot access menstrual absorbents, she may resort to natural materials, newspaper, cloth… poor menstrual hygiene may cause… bacterial vaginosis, which may in turn lead to infertility.” [2] . The judges also drew attention to the fear and anxiety girls feel without proper infrastructure. In Para 169, the court observed that “In the absence of clean and functional washrooms, girl children would be unable to manage menstruation with privacy and dignity in school… It is this fear which discourages her from attending school altogether.” . As the court explained in para 209, “The right to education as a human right does not merely demand parity between genders… Inaccessibility of MHM [menstrual hygiene management] measures perpetuates a systemic exclusion…”.

A new rule book for school hygiene

Notably, the Court went beyond words. It directed practical actions for every school in India. Every school whether public or private, urban or rural, shall henceforth provide usable toilets with running water and soap, and keep them clean.  Every school must give out free, biodegradable sanitary napkins to girls.  The ideal way is through vending machines by the toilets, or at least an assigned staff member. The bench further instructed to establish “menstrual hygiene management” corners stocked with spare uniforms, undergarments, pads and disposal bags for emergencies . Finally, the Court insisted on safe, eco-friendly disposal of used pads: every toilet must have a covered dustbin, and schools should follow modern sanitary waste rules . In short, the Supreme Court has spelled out that schools must treat sanitary care as a basic service, like teaching or drinking water. [3] 

What the government has already tried

The Government of India already has several related programs.  For example, under the National Health Mission’s Menstrual Hygiene Scheme, rural girls can buy subsidized sanitary napkins at Rs.6 per pack, and community health workers (ASHAs) distribute pads and run awareness meetings . The Swachh Bharat campaign did build millions of toilets in schools. Fresh national guidelines and dedicated funds enabled states to procure sanitary pads and educate girls on their usage. In late 2024, the Centre framed an official National Menstrual Hygiene Policy and told the Supreme Court it would mainstream it in all schools.

The gap between policy and reality

Yet despite all these policies, the impact has been uneven.  During the hearing, the Court noted that India is not short of plans, but of execution. As observed by the court in Para 183, that “Undoubtedly, there is no dearth of policies, schemes, programmes aimed at addressing the issue. However, what seems to be lacking is effective and consistent implementation.[4] ” . In practice, some states still struggle to even distribute the promised pads.  Funds for menstrual education are small, and rural schools often lack running water.

Toilets alone will not end stigma

Finally, there is a challenge that stays.  The Supreme Court judgment itself stressed that the right to menstrual health is linked with dignity and freedom.  It made clear that just building toilets is not enough if girls still feel embarrassed.  The Court urged that period education must reach everyone.  For example, the justices noted that boys and men need to learn too, or schools cannot become stigma-free. The judgement makes it clear in Para 246 [5] that “It is overripe that we recognise menstrual health as a shared responsibility rather than a woman’s issue. Awareness must not be limited to girls, but extends to boys, parents, and teachers.”. The judges warned that if boys remain ignorant, a male student might harass a menstruating girl and scare her away from class.

Men have a role too

The Court specifically called for gender-inclusive education. The court rejected the idea that menstruation is only a women’s issue. In Para 362, Boys should be taught in classrooms about menstruation, puberty and hygiene, so they understand that it is a natural biological process.  By educating boys and male teachers alongside girls, society can spread empathy instead of mockery. Also, in Para 412, the Court directed curriculum bodies (NCERT and others) to put menstrual health into textbooks and teacher training. At home and in the community, fathers and brothers need to stop treating periods as taboo. Changing this mindset is one of the hardest tasks, but it is a key part of the solution.[6] 

What needs to happen next ?

States must invest and train staff; schools must follow the norms; families must talk openly.  International experts agree that having data and laws is only the first step. India will need monitoring and accountability: for example, surveys of whether girls truly have what the Supreme Court guaranteed.  UNICEF and others are ready to help: they point to model programs in Odisha and elsewhere where safe “period corners” in schools led to better attendance .

Conclusion

For now, the law is clear.  As Justice Pardiwala said at the end of the hearing, this judgment is meant “for every girlchild who may have become a victim of absenteeism because her body was perceived as a burden”. The Supreme Court’s decision sends a strong message: menstrual health is not optional or secondary.  It is as important as any other health or education right under our Constitution.  If followed through, the Court’s orders could transform schools: girls could attend every day of the month without fear, armed with pads and privacy.  The ruling links legal rights with real-life needs, pushing governments to fill toilets, train teachers, and deliver pads to every girl. It also galvanizes awareness: when the law speaks, media, NGOs and families pay attention.