Indian Supreme Court rules for menstrual equity
On 30th January 2026, India’s Supreme Court ruled that the right to menstrual health falls within the right to life as guaranteed under Article 21 of the Indian Constitution. The judgment was accompanied by sweeping directions which are expected to have a significant impact for menstruating girls across India.
Directions
The judges at India’s top court directed that all states and union territories should ensure the distribution of biodegradable sanitary pads free of cost to girl students[1] across all schools.
Among other directions, the judgment also requires all states and union territories to ensure that all schools are equipped with functional and hygienic gender-segregated toilets with usable water connectivity. Relatedly, the court asked schools to ensure that all existing and new toilets are maintained or designed to ensure privacy and accessibility, including catering to the needs of children with disabilities.
Additionally, the court directed all state and union territories to require the establishment of ‘Menstrual Hygiene Management’ corners in schools. These corners are to be equipped with items such as spare underwear and uniforms.
The above directions are to apply across non-fee paying and fee-paying schools in both urban and rural areas.
Reasoning
In its reasoning, the court opined that the right to menstrual health is included within the right to life under Article 21 of the Indian Constitution. The judges commented that “access to safe, effective and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health.” The court concluded that menstrual hygiene management and privacy measures are inextricably linked to the right to live with dignity, which is concomitant of the right to life.
The court went on to acknowledge the causal link between the inaccessibility of menstrual hygiene management measures, as well as stigma around menstruation, and absenteeism in schools. In concluding that “the right to equality is expressed through the right to participate on equal terms”, the court noted “the domino effect of the absence of education is the inability to participate in all walks of life later”.
The court also considered that State responsibility is heightened in circumstances of structural and intersectional disadvantage. For example, these circumstances may arise where “the intersection of disability with gender compounds the disadvantage faced during menstruation”. This was translated into the directions ordered via the requirement for schools to ensure the accessibility of washrooms.
Why this judgment is so significant
Menstrual inequity remains a major global issue. According to UNICEF, at least 1 in 10 women and girls in rural areas across 12 countries did not have a private place to wash and change during their last period. The United Nations has found that around 20% of girls in India drop out of education entirely after their period begins, while in Afghanistan and Nepal up to 30% of girls miss school every month during their period.
This issue is by no means exclusive to developing countries. Within the United States, research indicates that 1 in 4 teens and 1 in 3 adults struggle to afford period products, especially teens of colour and lower-income households (PERIOD.). Similarly, within the UK, a 2020 survey showed that 3 in 10 girls struggled to afford or access menstrual products and more than half of them used toilet paper instead (Plan International).
This sweeping judgment, coming from the most populous country in the world - the United Nations estimates that India’s population reached 1.472 billion in 2026 - represents a positive step toward ensuring global menstrual equity. In particular, the judgment is expected to have a significant impact on combatting absenteeism among girl students in India.
Within the UK, some meaningful progress has been made over the last decade. In 2018, the Scottish government made history in passing the Period Products (Free Provision) Scotland Act. The landmark legislation made Scotland the first in the world to protect in law the right to access free menstrual products for anyone who needs them. Scotland maintains the most extensive provisions aimed at tackling period poverty.
Wales, and subsequently Northern Ireland, have also introduced schemes to provide for free menstrual products in certain locations including schools.
In England, the government committed in 2019 to funding a similar scheme. That result followed a campaign by Free Periods, in partnership with the Red Box Project and supported by The Pink Protest. Accordingly, since 2020 every state school and college in England has been able to order menstrual products for its students. According to the BBC, the scheme has been used by 99% of England’s secondary schools since its inception.
Hausfeld previously advised Free Periods on the legal issues associated with the campaign to make free period products available in English schools (see here).
Footnotes