The Supreme Court of India has claimed that the right to menstrual hygiene is eminent to the right to life under the Indian Constitution under the Art. 21. The bench consisting of Justices JB Pardiwala and R Mahadevan pointed out that, the absence of gender-segregated toilets and sufficient supply of menstrual absorbents deprive female children of dignity, privacy, equality, and substantive right to an education. The court emphasised that such a treatment of menstrual health as a subject of charity or discretion of the policies cannot be taken, as it is directly derived from constitutional guarantees.
The bench made a string of directives to make sure that all schools (government-supported schools as well as non-governmental schools) have functional toilets, enough sanitary napkins, water, handwashing soap, and spare uniforms for the girl students. The order particularly addresses classes 6 to 12 and focuses on providing a space where the girls are able to pursue education just the same as boys do.
Raising a plea requesting government intervention, the court considered the case of whether a lack of isolated toilets and an impossibility of using menstrual hygiene products were a violation of constitutional rights (currently equality under Article 14, right to life and dignity under Article 21 and right to free and compulsory education under Article 21A and the Right of Children to Free and Compulsory Education Act, 2009). The bench responded positively, emphasising the idea that the lack of access to menstrual hygiene management deprives girls of the same treatment and means that their dignity is compromised.
The court also observed that dignity is the right to live without humiliation, exclusion, or avoidable distress, and privacy cannot be separated from dignity. This understanding subjects a positive duty on the state not only to the guardance not to violate privacy but to safeguard it by all means, making the provision of menstrual hygiene a given human right instead of a privilege.
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