Supreme Court Mandates Free Sanitary Pads, Functional Toilets and Menstrual Hygiene Infrastructure in All Schools

Lentis Legalis | 31.01.2026
New Delhi
In a landmark judgment reinforcing the constitutional commitment to dignity, equality, and education of the girl child, the Supreme Court of India has issued comprehensive directions to ensure menstrual hygiene management and sanitation facilities in schools across the country.

The judgment was delivered in Writ Petition (Civil) No. 1000 of 2022, Dr. Jaya Thakur v. Government of India & Others, decided under the Court’s Original Civil Jurisdiction.

Opening the judgment with a powerful observation — “A period should end a sentence, not a girl’s education” — the Bench underscored that despite the passage of time, barriers to girls’ education rooted in inadequate sanitation and menstrual stigma continue to persist.

The petitioner, Dr. Jaya Thakur, a social worker, approached the Supreme Court under Article 32 of the Constitution in public interest, seeking directions to the Union of India, States, and Union Territories to address systemic gaps affecting the education and dignity of adolescent girls.

The petition highlighted that lack of access to sanitary pads, absence of separate and functional toilets, poor waste disposal mechanisms, and social taboos surrounding menstruation lead to absenteeism and dropouts among girl students, particularly in government and aided schools.

The petition seeks following relifs-

1. 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;

2. 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;

3. 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 and;

4. 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 taboos that surround it; Secondly, providing adequate sanitation facilities and subsidized or free sanitary products to women and young students, especially in disadvantaged areas; Thirdly, to ensure an efficient and sanitary manner of menstrual waste disposal and; e. pass such other or further order/s as this Hon’ble Court may deem it fit in the facts and circumstances of this case.”

Constitutional and Statutory Framework

After an exhaustive analysis of constitutional guarantees under Articles 14, 15, 21, and 21A, along with statutory provisions under the Right of Children to Free and Compulsory Education Act, 2009, Solid Waste Management Rules, and child protection laws, the Court concluded that menstrual hygiene and sanitation are inseparable from the right to education and dignity.

Key Directions Issued by the Supreme Court

1. Toilet and Washing Facilities

The Court directed that:

• All schools, whether government-run or privately managed, in both rural and urban areas, must have functional, gender-segregated toilets with continuous water supply.

• Toilets must ensure privacy, safety, and accessibility, including for children with disabilities.

• Every school toilet must have handwashing facilities with soap and water at all times.

2. Availability of Menstrual Absorbents

The Court mandated that:

• All schools shall provide oxobiodegradable sanitary napkins, compliant with ASTM D-6954 standards, free of cost.

• Sanitary pads should preferably be made available through vending machines inside toilet premises, or alternatively through designated authorities within schools.

• Menstrual Hygiene Management (MHM) corners must be established in every school, equipped with spare uniforms, innerwear, disposable bags, and other essentials to address menstruation-related emergencies.

3. Disposal of Sanitary Waste

The Court directed that:

• Every school must have a safe, hygienic, and environmentally compliant disposal mechanism for sanitary waste, in accordance with the latest Solid Waste Management Rules.

• Each toilet unit must be fitted with covered waste bins, which must be cleaned and maintained regularly.

4. Awareness and Training

Recognizing the role of education in breaking stigma, the Court ordered that:

• NCERT and SCERT shall incorporate gender-responsive curricula covering menstruation, puberty, and related health concerns such as PCOS and PCOD.

• All teachers, irrespective of gender, must be trained and sensitized to support menstruating students.

• Information regarding Jan Aushadhi Suvidha Oxo-Biodegradable Sanitary Napkins shall be widely disseminated through social media, print media, radio, television, cinema advertisements, and outdoor publicity.

• The child helpline established by the National Commission for Protection of Child Rights (NCPCR) must be widely publicized.

Monitoring and Accountability Mechanism

To ensure effective implementation, the Court directed:

• District Education Officers (DEOs) to conduct annual inspections of schools focusing on sanitation, menstrual hygiene facilities, waste disposal, and awareness programmes.

• DEOs must collect anonymous feedback from students through tailored surveys and ensure that inspection reports reflect student responses.

• Inspection reports and survey responses must be annexed with notices issued under the RTE Rules, ensuring transparency and accountability.

The NCPCR and SCPCR were entrusted with overseeing compliance, with liberty to initiate action under the Commissions for Protection of Child Rights Act, 2005 in cases of non-compliance.

Continuing Mandamus and Timeline

Terming the issue one of national importance, the Court issued a continuing mandamus, directing the Union of India to ensure compliance by all States and Union Territories.

All authorities have been given three months from the date of pronouncement to strictly comply with the directions.

Judgment Beyond the Courtroom

In a deeply empathetic closing note, the Court observed that the judgment is not meant only for legal stakeholders but for classrooms, parents, teachers, and society at large. It emphasized that progress is measured by how a society protects its most vulnerable.

The Court reaffirmed that absenteeism caused by menstruation is not a failure of the girl child, but a failure of systems and societal silence — a silence the Constitution does not permit.

The matter has been directed to be listed after three months along with compliance reports from States and Union Territories. Copies of the judgment have been forwarded to all High Courts and relevant Ministries of the Government of India.