Menstrual hygiene: Supreme Court expresses displeasure with states, UTs do not respond to Center

In a landmark judgment delivered on January 30, the apex court said that the right to life under Article 21 of the Constitution includes the right to menstrual health. File. | Photo credit: The Hindu

The Supreme Court expressed its displeasure over the fact that states and union territories have not responded to the Center on how its judgment declaring menstrual hygiene as part of a fundamental right under Article 21 of the Constitution is being implemented.

“If what we have said in the judgment remains only on paper, how will the Union and the States/UTs implement this fundamental right?” said Justices JB Pardiwala and R. Mahadevan.

He said that the Supreme Court has declared menstrual hygiene/menstrual health as one of the aspects of Article 21 of the Constitution which deals with protection of life and personal liberty.

The bench said it had on September 1 directed the states and UTs to take note of the deficiencies pointed out by it and submit a report in this regard by the next date of hearing.

In a landmark judgment delivered on January 30, the apex court said that the right to life under Article 21 of the Constitution includes the right to menstrual health.

During the hearing on the matter on October 13, Additional Solicitor General Aishwarya Bhati, who appeared for the Centre, told the Bench that the Union of India has taken the matter very seriously with all the states and UTs to respond as to how the judgment is being implemented.

“Unfortunately, the states/UTs have not yet responded to the Union. We do not understand that as soon as the Union requests the necessary information, why the states/UTs do not respond?” said Lavička.

Also read: Menstrual health is a public health issue

“We are sure that the Union, States/UTs have realized the importance of the judgment we have delivered declaring menstrual hygiene as part of the fundamental right,” it said.

The Bench said that the Supreme Court’s verdict is in the interest of young girls who are giving up education, especially in remote parts of the country due to menstrual hygiene issues etc.

“We direct the Union to take up this issue very seriously with each State/UT and seek necessary written information as to what steps it has taken so far to fulfill the judgment passed by this court,” it said.

The bench said the Center should go through the judgment once again and accordingly seek information on each and every aspect of the matter.

“If we come to know from the Union on the next date of hearing that some states/UTs have not responded, we will proceed to issue contempt notices to the concerned Chief Secretary,” the Bench said.

While giving a final opportunity to do the needful, she posted the matter for further hearing on December 14.

In its September 1 order, the bench said it should focus on the number of schools lacking gender-segregated functional toilets with usable water connection, ensuring accessibility and privacy.

The Center then informed the apex court that 30,458 gender-segregated toilets with washing facilities have been constructed in schools across the country, while 4,236 are under construction.

In its judgment delivered in January, the apex court directed states and UTs to ensure that every school, whether government or privately managed, in urban and rural areas, is equipped with functional, gender-separated toilets with usable water connection.

The Supreme Court also directed states and UTs to ensure that every school provides sanitary pads to girl students free of cost.

The judgment was delivered on a plea seeking the all-India implementation of the “menstrual hygiene policy for school-going girls” in government and government-aided schools from classes 6 to 12.

Published – 18 Oct 2026 14:47 IST