The judgment was delivered by the Supreme Court of India in Dr. Jaya Thakur v. Government of India and Others, bearing Neutral Citation 2026 INSC 97, by a Division Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan on 30 January 2026. The writ petition under Article 32 challenged the systemic non-availability of gender-segregated toilets, menstrual hygiene products, and adequate menstrual hygiene management facilities in schools, alleging violation of Articles 14, 21, and 21A of the Constitution. Allowing the petition, the Court issued binding nationwide directions to the Union, States, and Union Territories to ensure dignified menstrual hygiene infrastructure and access in schools as an essential component of equality, dignity, and the right to education.

Legal Issue

Whether the non-availability of gender-segregated toilets, menstrual hygiene products, and adequate menstrual hygiene management (MHM) facilities in schools violates the guarantee of substantive equality under Article 14, the right to life with dignity encompassing bodily autonomy and privacy under Article 21, and the right to education under Article 21A of the Constitution of India.

Brief Facts

The petitioner, a social worker, filed a writ petition under Article 32 seeking nationwide directions for provision of free sanitary pads to girls studying in Classes VI–XII and establishment of separate, functional toilets for girls in all government-aided and residential schools. Ancillary reliefs included appointment of sanitation staff, awareness programmes on menstrual health, and safe disposal mechanisms for menstrual waste.

The petition highlighted menstrual poverty, social stigma surrounding menstruation, inadequate sanitation infrastructure, and their direct impact on absenteeism and school drop-out rates among adolescent girls. The Union of India and several States placed on record various schemes and policies addressing menstrual hygiene, while many States and Union Territories failed to file affidavits, revealing inconsistent implementation across jurisdictions.

Court’s Reasoning

The Court held that education is a fundamental human right and an intrinsic component of dignity, equality, and personal development, drawing sustenance from international human rights instruments as well as settled constitutional jurisprudence. It recognised that the absence of adequate menstrual hygiene facilities constitutes a structural and systemic barrier to education for adolescent girls, disproportionately undermining their participation, attendance, and continuity in schooling. Emphasising the mandate of Article 14, the Court clarified that equality under the Constitution is substantive rather than formal, thereby obligating the State to adopt affirmative and remedial measures to address the entrenched disadvantages faced by menstruating students. The right to dignified menstrual health was held to be an inseparable facet of Article 21, encompassing bodily autonomy, privacy, and human dignity. The Court further observed that denial of menstrual hygiene facilities directly impairs the right to education guaranteed under Article 21A and defeats the object and spirit of the Right of Children to Free and Compulsory Education Act, 2009. It was categorically held that the mere existence of welfare schemes, in the absence of effective, uniform, and meaningful implementation, does not meet constitutional standards, and that the State bears a positive obligation to ensure real and equal access to education for all students.

Judgment

The Supreme Court recognized menstrual hygiene management as a constitutional imperative linked to Articles 14, 21, and 21A. It issued comprehensive directions to the Union of India, States, and Union Territories to ensure availability of sanitary products, gender-segregated functional toilets, awareness programmes, and proper disposal mechanisms in schools. The writ petition was allowed with binding directions aimed at securing dignified and equal access to education for adolescent girls.

Access the official judgment here

Case Title

Dr. Jaya Thakur v. Government of India and Others

Neutral Citation

2026 INSC 97

Court

Supreme Court of India

Bench

Justice J.B. Pardiwala and Justice R. Mahadevan

Date of Judgment

January 30, 2026