In a landmark judgment delivered on 30th January 2026, the
Supreme Court of India declared menstrual health an integral component of
individual fundamental rights, making India the only country in the world to
constitutionally guarantee menstrual health. This far-reaching judgement linked
menstrual health to the right to life under Article 21 of India's constitution,
which, the Court emphasised, is not confined to a mere existence but includes
the right to live with dignity, health, and self-respect, highlighting the need
to dismantle the shame surrounding menstruation.
With a view to ensure that this landmark decision does not
remain only on paper, but is truly put into action, the Supreme Court will
hear this matter again after 3 months (from 30 January 2026) to know how
well the mandates of the judgment have been implemented across the country.
Lauding the judgement for addressing a long-standing gap
between legal guarantees and lived experiences, Debanjana Choudhuri, a gender
justice activist, said that “by recognising menstrual health and hygiene as an
integral part of life under the Article 21, the Court acknowledged a reality
that has been long affecting girls and women particularly, in silence and
neglect because it stems from patriarchal mindset, stigma, and taboo. The
recognition is supported by the constitutional mandate under Article 15 which
empowers the state to make special provisions for women by bringing
menstruation into constitutional discourse."
In India, approximately one in four adolescent girls drop
out of school annually due to challenges in managing their menstruation.
Government data shows that in India approximately 4 million (40 lakhs) girls
dropped out of primary education in the last four years. Perhaps this was one
of the reasons that prompted the top court to intervene to make menstrual
health a fundamental right.
Menstrual justice is a human rights and social justice
framework that aims to end the stigma, economic barriers (period poverty), and
structural inequalities that prevent individuals who menstruate from managing
their periods with dignity.
Coined by legal scholar Margaret Johnson in 2018, it moves
beyond "menstrual hygiene" or "equity" to address the
deep-seated structural and cultural barriers that treat menstruation as a
source of shame or impurity. It aims to bring about systemic changes to root
out economic injustice; health injustice; environmental injustice and challenge
laws that ignore menstrual needs in workplaces, schools, and prisons, viewing
menstrual health as a fundamental human right.
Ruchi Bhattar, a lawyer and journalist, elaborated that the
127 pages long judgement mandates all Indian states and union territories to
ensure the provision of functional, accessible, and gender-segregated toilets
in every school with usable water and handwashing facilities; free and regular
supply of biodegradable sanitary pads in every school, and safe environmentally
compliant mechanisms for their disposable; and integration of gender-responsive
education on menstruation and related health concerns into school curricula to
break the stigma around puberty and menstruation.
“Despite some progress, menstrual hygiene discourse in
India has not been discussed vocally as a fundamental right. Onset of
menstruation leads to irregular school attendance. Inadequate toilet
facilities, lack of privacy, unavailability of sanitary products and fear of
embarrassment compel many girl students to remain absent during their menstrual
cycle. This has a huge impact on her life choices, economic freedom and her
dignity. What begins as a temporary absence frequently develops into an
academic difficulty and in several cases results in discontinuation of
education. She just simply stops going to school,” said Debanjana.
Debanjana and Ruchi were speaking in SHE & Rights
session that focussed, amongst other gender equity issues, on Indian Supreme
Court's ruling reinforcing menstrual hygiene as a fundamental right. SHE &
Rights was organised by Global Center for Health Diplomacy and Inclusion
(CeHDI), International Planned Parenthood Federation (IPPF), Women Deliver
Conference 2026, Asian-Pacific Resource and Research Centre for Women (ARROW),
and CNS.
Ruchi shared that the Court judgment also notes that
infrastructure alone is half the problem as far as menstrual hygiene is
concerned. It emphasised that the role of men and boys, including male teachers
and peers, is to sterilise themselves from menstruation-related stigma, until
then such services would be underutilised. Basically, calling this a shared
responsibility between the men and boys and the teachers and everybody around a
menstruator to break the stigma and breed basic empathy in them and undo the
insensitivity.
She quoted the judges as saying, “We wish to communicate to
every girl child who might have become a victim of absenteeism because her body
was perceived as a burden that the fault is not hers.”
"When girls are forced to sacrifice their education or
dignity due to biological realities, the harm is constitutional in nature.
When a society allows this harm to happen then we fail as a society
collectively. If this happens because of stigma or taboo for menstruation, then
we have completely failed despite all the years of advocacy and activism in
India for gender rights”, said Debanjana.
She further emphasised that the Supreme Court decision
talks about living with dignity, which is for all menstruators. So, we really
need to make access possible, not just for women and girls, but also for
transgenders, and non-binary individuals.
As per latest data, over 300 million people menstruate
daily. Millions of these girls, women, transgender men and non-binary persons
are unable to manage their menstrual cycle in a dignified, healthy way. 500
million women globally lack access to adequate menstrual products and
sanitation facilities. When girls and women have access to safe and affordable
sanitary materials to manage their menstruation, they decrease their risk of
infections. Use of sanitary pads leads to a significant reduction in sexually
transmitted infections and bacterial vaginosis. Poor menstrual hygiene can pose
serious health risks, like reproductive and urinary tract infections. Promoting
menstrual health and hygiene is an important means for safeguarding women’s
dignity, privacy, bodily integrity, and, consequently, their self-efficacy.
Studies show that menstruation related stigma and
discrimination remain widespread. It is often fuelled by harmful social norms
and cultural taboos around menstruation. In some parts of the world, even
today, menstruating girls and women are seen as dirty or untouchable,
restricting their movement and access to spaces. Myths include that
menstruating women and girls should not touch certain food, or it would rot, or
enter places of worship as they are unclean, and that they should be isolated.
A new report launched by UNICEF and WHO, analyses for the
first time emerging national data on menstrual health and hygiene in schools
globally. The report underscores the urgent need for global action to improve
menstrual health and hygiene in schools. By addressing these issues, every
schoolgirl can manage her menstruation with dignity, safety, and confidence.
But let us not forget the needs of out of school
adolescents many of whom belong to the most marginalised communities in India,
or those who dropout of school due to early marriage or some other social
reason. They should not be left out but have equal access to menstrual hygiene
interventions, as those in formal education. All of us - civil society,
communities, and policymakers - will have to work together to achieve
intersectional menstrual equity and justice.