1. Public interest litigation seeking mandatory directives for providing free sanitary pads, separate school toilets, and menstrual hygiene awareness programs to ensure the right to education. (Para 2 )
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2026 Supreme(SC) 107
SUPREME COURT OF INDIA
J.B. PARDIWALA, R. MAHADEVAN, JJ.
Dr. Jaya Thakur – Petitioner
Versus
Government of India & Ors. – Respondents
Writ Petition (C) No. 1000 of 2022
Decided On : 30-01-2026
Important Points
The right to education encompasses access to menstrual hygiene management as essential for ensuring equality, dignity, and full participation of female students in educational settings.
Subject
Constitutional Law - Right to Education
Act Referred
COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT: S.15, S.24
CONSTITUTION OF INDIA: Art.32, Art.51, Art.21, Art.14, Art.15(3), Art.19, Art.39(e), Art.41, Art.43, Art.24, Art.39(f), Art.47, Art.15, Art.16, Art.21(a), Art.243(g)
INDIAN PENAL CODE: S.377
NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES ACT: S.2
RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES: R.15, R.15(6)
RIGHT TO EDUCATION ACT: S.3, S.3(2), S.18, S.19, S.25
RIGHT TO EDUCATION RULES: R.26, R.16(1)(a)
RIGHTS OF PERSONS WITH DISABILITIES ACT: S.3
CONSTITUTION OF INDIA: Art.32, Art.51, Art.21, Art.14, Art.15(3), Art.19, Art.39(e), Art.41, Art.43, Art.24, Art.39(f), Art.47, Art.15, Art.16, Art.21(a), Art.243(g)
INDIAN PENAL CODE: S.377
NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES ACT: S.2
RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES: R.15, R.15(6)
RIGHT TO EDUCATION ACT: S.3, S.3(2), S.18, S.19, S.25
RIGHT TO EDUCATION RULES: R.26, R.16(1)(a)
RIGHTS OF PERSONS WITH DISABILITIES ACT: S.3
Headnote
(A) Constitution of India - Articles 14, 21, and 21A - Right to education - Inclusion of menstrual hygiene management as a fundamental right - Lack of access to menstrual hygiene products and facilities in schools constitutes a barrier to education for female students - Court emphasizes the necessity of gender-segregated toilets and sanitary products for enhancing educational access - Mandates a comprehensive national policy on menstrual hygiene management within educational institutions. (Paras 173-179)
(B) Right to Participation - Lack of menstrual hygiene management measures undermines the right to equality and participation in educational settings, reinforcing systemic discrimination against girl children. (Paras 100-110)
(C) Right to Dignity - Court recognizes that dignity in education is integral to the right to life under Article 21; access to menstruation-related necessities is essential for preserving dignity, privacy, and health for menstruating students. (Paras 69-76)
(D) Educational Equity - Failure to provide adequate menstrual hygiene management measures impedes equality of opportunity, affecting a girl child's ability to learn and participate fully in school. (Paras 81-125) (E) Implementation Directive - States must ensure the provision of adequate menstrual hygiene management products, awareness programs, and infrastructure in all educational institutions. (Paras 172-182)
(B) Right to Participation - Lack of menstrual hygiene management measures undermines the right to equality and participation in educational settings, reinforcing systemic discrimination against girl children. (Paras 100-110)
(C) Right to Dignity - Court recognizes that dignity in education is integral to the right to life under Article 21; access to menstruation-related necessities is essential for preserving dignity, privacy, and health for menstruating students. (Paras 69-76)
(D) Educational Equity - Failure to provide adequate menstrual hygiene management measures impedes equality of opportunity, affecting a girl child's ability to learn and participate fully in school. (Paras 81-125) (E) Implementation Directive - States must ensure the provision of adequate menstrual hygiene management products, awareness programs, and infrastructure in all educational institutions. (Paras 172-182)
Judgement Key Points
Key Points: - The right to education includes access to menstrual hygiene management as essential for equality, dignity, and full participation of female students (!) (!) (!) . - States must provide adequate menstrual hygiene products, gender-segregated toilets, awareness programs, and safe disposal mechanisms in all educational institutions (!) (!) (!) . - Schools must comply with norms and standards under the RTE Act, including separate toilets for boys and girls, barrier-free access, and functional handwashing facilities (!) (!) (!) .
What are the rights of female students regarding menstrual hygiene management in schools under the Right to Education?
What obligations do states have to ensure menstrual hygiene management in educational institutions?
What are the standards for school infrastructure regarding toilets and menstrual hygiene under the RTE Act?
Legal Category Hierarchy
- constitutional law
- education law
- administrative and human rights law
Advocates appeared:
For the Petitioner(s): Mr. Varun Thakur, Adv. Mr. Deepak Goel, Adv. Mrs. Tanuj Bagga Sharma, Adv. Mr. Ramkaran, Adv. Dr. M.K Ravi, Adv. Ms. Shraddha Saran, Adv. Ms. Alka Goyal, Adv. For M/s.Varun Thakur & Associates, AOR
For the Respondent(s): Mrs. Aishwarya Bhati, A.S.G. Ms. Archana Pathak Dave, A.S.G. Mr. Amrish Kumar, AOR Ms. Shivika Mehra, Adv. Ameyavikrama Thanvi, Adv. Mr. Sudarshan Lamba, Adv. Mr. Veer Vikrant Singh, Adv. Mr. Rohit Pandey, Adv. Ms. Shradha Deshmukh, Adv. Mr. Raj Bahadur Yadav, AOR Mr. Manish Kumar, AOR Mr. Divyansh Mishra, Adv. Mr. Kumar Saurav, Adv. Ms. Disha Singh, AOR Ms. Eliza Barr, Adv. Ms. Ankita Sharma, AOR Mr. Guntur Pramod Kumar, AOR Mr. Dhruv Yadav, Adv. Mr. Abhimanyu Tewari, AOR Ms. Swati Ghildiyal, AOR Mr. Prashant Bhagwati, Adv. Ms. Devyani Bhatt, Adv. Ms. Neha Singh, Adv. Ms. Sugandha Anand , AOR Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Santhosh K, Adv. Mrs. Devika A.l., Adv. Ms. Mrinal Gopal Elker, AOR Dr. Ravindra Chingale, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv. Mr. Pukhrambam Ramesh Kumar, AOR Mr. Karun Sharma, Adv. Ms. Rajkumari Divyasana, Adv. Mr. Avijit Mani Tripathi, AOR Mr. Siddhesh Shirish Kotwal, AOR Ms. K. Enatoli Sema, AOR Mr. Amit Kumar Singh, Adv. Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv. Ms. Yanmi Phazang, Adv. Mr. Karan Sharma, AOR Mr. Akshat Kumar, AOR Ms. Anubha Dhulia, Adv. Mr. Amit Anand Tiwari, AAG, Sr. Adv. Ms. Misha Rohatgi, AOR Mr. Nakul Mohta, Adv. Mr. Amulya Upadhyay, Adv. Mr. Ayush Kashyap, Adv. Ms. Surabhi Agarwal, Adv. Mr. Sravan Kumar Karanam, AOR Ms. G. Sushmita, Adv. Ms. M. Harshini, Adv. Mr. Shuvodeep Roy, AOR Mr. Saurabh Tripathi, Adv. Mr. Deepayan Dutta, Adv. Ms. Madhumita Bhattacharjee, AOR Ms. Debarati Sadhu, Adv. Mr. Dhruv Bhalla, Adv. Mr. B Jagat Nayan, Adv. Mr. Piyush Beriwal, Adv. Ms. Kanu Agrawal, Adv. Mr. Vatsal Joshi, Adv. Mr. Varun Chugh, Adv. Mr. Krishna Kant Dubey, Adv. Ms. Mrinal Elkar Mazumdar, Adv. Ms. Sansriti Pathak, Adv. Mr. Apoorv Kurup, Adv. Mr. Santosh Ramdurg, Adv. Mr. Yogesh Vats, Adv. Mr. Shreekant Neelappa Terdal, AOR
For the Petitioner(s): Mr. Varun Thakur, Adv. Mr. Deepak Goel, Adv. Mrs. Tanuj Bagga Sharma, Adv. Mr. Ramkaran, Adv. Dr. M.K Ravi, Adv. Ms. Shraddha Saran, Adv. Ms. Alka Goyal, Adv. For M/s.Varun Thakur & Associates, AOR
For the Respondent(s): Mrs. Aishwarya Bhati, A.S.G. Ms. Archana Pathak Dave, A.S.G. Mr. Amrish Kumar, AOR Ms. Shivika Mehra, Adv. Ameyavikrama Thanvi, Adv. Mr. Sudarshan Lamba, Adv. Mr. Veer Vikrant Singh, Adv. Mr. Rohit Pandey, Adv. Ms. Shradha Deshmukh, Adv. Mr. Raj Bahadur Yadav, AOR Mr. Manish Kumar, AOR Mr. Divyansh Mishra, Adv. Mr. Kumar Saurav, Adv. Ms. Disha Singh, AOR Ms. Eliza Barr, Adv. Ms. Ankita Sharma, AOR Mr. Guntur Pramod Kumar, AOR Mr. Dhruv Yadav, Adv. Mr. Abhimanyu Tewari, AOR Ms. Swati Ghildiyal, AOR Mr. Prashant Bhagwati, Adv. Ms. Devyani Bhatt, Adv. Ms. Neha Singh, Adv. Ms. Sugandha Anand , AOR Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Santhosh K, Adv. Mrs. Devika A.l., Adv. Ms. Mrinal Gopal Elker, AOR Dr. Ravindra Chingale, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv. Mr. Pukhrambam Ramesh Kumar, AOR Mr. Karun Sharma, Adv. Ms. Rajkumari Divyasana, Adv. Mr. Avijit Mani Tripathi, AOR Mr. Siddhesh Shirish Kotwal, AOR Ms. K. Enatoli Sema, AOR Mr. Amit Kumar Singh, Adv. Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv. Ms. Yanmi Phazang, Adv. Mr. Karan Sharma, AOR Mr. Akshat Kumar, AOR Ms. Anubha Dhulia, Adv. Mr. Amit Anand Tiwari, AAG, Sr. Adv. Ms. Misha Rohatgi, AOR Mr. Nakul Mohta, Adv. Mr. Amulya Upadhyay, Adv. Mr. Ayush Kashyap, Adv. Ms. Surabhi Agarwal, Adv. Mr. Sravan Kumar Karanam, AOR Ms. G. Sushmita, Adv. Ms. M. Harshini, Adv. Mr. Shuvodeep Roy, AOR Mr. Saurabh Tripathi, Adv. Mr. Deepayan Dutta, Adv. Ms. Madhumita Bhattacharjee, AOR Ms. Debarati Sadhu, Adv. Mr. Dhruv Bhalla, Adv. Mr. B Jagat Nayan, Adv. Mr. Piyush Beriwal, Adv. Ms. Kanu Agrawal, Adv. Mr. Vatsal Joshi, Adv. Mr. Varun Chugh, Adv. Mr. Krishna Kant Dubey, Adv. Ms. Mrinal Elkar Mazumdar, Adv. Ms. Sansriti Pathak, Adv. Mr. Apoorv Kurup, Adv. Mr. Santosh Ramdurg, Adv. Mr. Yogesh Vats, Adv. Mr. Shreekant Neelappa Terdal, AOR
Table of Contents
2. Respondents contended that existing policies and schemes adequately address menstrual hygiene, while acknowledging the need for better implementation and awareness programs regarding socio-cultural taboos. (Para 9 , 10 , 11 , 12 , 13 )
3. The absence of menstrual hygiene management creates systemic barriers and inequality, disproportionately affecting girls' right to dignity, health, and equal participation in education. (Para 41 , 48 , 67 , 68 , 74 , 75 , 109 , 110 , 111 , 112 , 164 , 166 )
4. Access to clean toilets, menstrual absorbents, and hygiene awareness is a constitutional necessity and statutory duty under Article 21, 21A, and the RTE Act to ensure substantive equality. (Para 42 , 66 , 93 , 144 , 146 , 159 , 160 )
5. Directives issued to States and Union Territories ensuring mandatory provision of functional toilets, sanitary napkins, waste disposal, and gender-responsive education curricula across all schools. (Para 173 , 174 , 175 , 176 , 179 )
6. Is menstrual health a facet of the fundamental right to life under Article 21?
Yes. The court held that the right to life with dignity under Article 21 encompasses menstrual health. Access to safe and hygienic menstrual management is essential to prevent discrimination, exclusion, and health risks, ensuring a girl child's bodily autonomy and decisional freedom. (Para 69 , 74 , 84 , 87 , 93 )
7. Does the lack of menstrual hygiene measures in schools violate the right to equality under Article 14?
Yes. Providing formal access to education is insufficient; substantive equality requires the State to address structural barriers like menstrual poverty. Failing to provide these measures creates a gender-based disadvantage, violating the constitutional mandate for equal opportunity and participation. (Para 42 , 44 , 47 , 55 , 56 , 115 )
8. Are menstrual hygiene measures mandatory norms under the Right of Children to Free and Compulsory Education Act (RTE Act)?
Yes. RTE Act Section 3 guarantees that no financial barriers shall impede education, while Section 19 and its Schedule prescribe minimum infrastructure, including accessible, gender-segregated toilets. These norms are compulsory and cannot be avoided by States citing paucity of funds. (Para 139 , 140 , 144 , 151 , 152 , 159 , 160 , 161 )
9. Should menstrual health awareness extend to boys and male teachers in school?
Yes. Menstrual health is a collective social responsibility. Sensitizing boys and male teachers is necessary to eliminate stigma and harassment, creating a supportive environment where girls can attend school without anxiety or ridicule. (Para 164 , 167 , 168 , 169 , 170 )
JUDGMENT :
J.B. PARDIWALA & R. MAHADEVAN, JJ.
For the convenience of exposition, this judgment is divided into the following parts:-
| INDEX | |
| I. | THE CONTEXT |
| II. | THE BASICS |
| III. | SUBMISSIONS ON BEHALF OF THE PARTIES |
| i. | Submissions on behalf of the Union of India - Respondent Nos. 1 to 3 respectively |
| ii. | Submissions on behalf of the States - Respondent Nos. 4 to 39 respectively |
| IV. | ISSUES FOR CONSIDERATION |
| V. | ANALYSIS |
| A. | The right to access education: A fundamental human right |
| i. | Education - an essential human right in the International Human Rights Law framework |
| ii. | Judicial recognition of education as a human right |
| B. | Substantive approach to right to equality in education under Article 14 of the Constitution |
| i. | Menstruation as a barrier to the right to access education |
| a. | Intersectionality of disability, gender, and access to education |
| C. | The right to dignified menstrual health a part of Article 21 |
| i. | The right to human dignity as a concomitant of the right to life |
| ii. | The right to privacy and decisional autonomy |
| iii. | The right to menstrual health as a facet of the right to life |
| D. | The right to participation and the equality of opportunity respectively as constitutional guarantees under Article 14 |
| i. | Lack of menstrual hygiene measures as a barrier in exercising the right to participate in school |
| ii. | Lack of menstrual hygiene management measures impede the equality of opportunity |
| a. | Accessibility of menstrual hygiene management measures – a step towards Social Justice |
| E. | The fundamental right to education under Article 21A |
| i. | Right to free and compulsory education under the RTE Act |
| a. | Management of menstrual hygiene as a financial barrier under Section 3 of the RTE Act |
| b. | Menstrual management measures as mandatory “norms and standards” for schools under Section 19 of the RTE Act |
| F. | Role of Men in Menstruation |
| VI. | CONCLUSION |
| VII. | DIRECTIONS |
“A period should end a sentence – not a girl’s education.”
1. We are tempted to preface our judgment with the words of Melissa Berton, an American educator, social activist, and producer. The statement articulated above resonate with an undiminishing force in the present petition as well. The issues that have unfolded before us echo the very same judicial disquiet. Even with the passage of time, the challenges that beset a girl child’s education persist in much the same form.
I. THE CONTEXT
2. The petitioner, who is a social worker, has filed the present petition under Article 32 of the Constitution in public interest seeking appropriate directions to the respondents – the Union of India, the States and Union Territories respectively to ensure providing of (i) free sanitary pads to every female child studying between classes 6 & 12; and (ii) a separate toilet for females in all government aided and residential schools. Apart from this, certain other consequential reliefs have also been sought for in public interest including the maintenance of toilets and the spread of awareness programmes. The prayer in the petition reads thus:-
“a. issue a writ order or directions in the nature of Mandamus to the Respondents to provide the free sanitary pads to girl child who are studying from 6th to 12th class and;
b. issue a writ order or directions in the nature of Mandamus to the Respondents to provide the separate girl toilet in all Government, Aided and residential schools;
c. issue a writ order or directions in the nature of Mandamus to the Respondents to provide one cleaner in all Government, Aided and residential schools to clean the toilets. d. issue a writ order or directions in the nature of Mandamus to the Respondents to provide three-stage awareness programme i.e. Firstly, the spreading of awareness about menstrual health and unboxing the
