The Supreme Court has directed the Union Government to address deficiencies in the implementation of its directions regarding menstrual hygiene management in schools, observing that menstrual hygiene has been recognised as a fundamental right flowing from Article 21 of the Constitution and that such recognition must be accompanied by effective implementation on the ground.
The Bench of Justice JB Pardiwala and Justice R Mahadevan emphasised that a mere judicial declaration of a constitutional right would serve little purpose unless the Union and State Governments took concrete steps to ensure that the right became meaningful and enforceable in practice. The Court cautioned that any laxity or delay in complying with its directions would be viewed seriously.
The matter arose from a writ petition filed by Dr Jaya Thakur, pursuant to which the Supreme Court had issued pan-India directions on January 30 for implementing the Centre’s “Menstrual Hygiene Policy for School-going Girls”. The judgment mandated the supply of free biodegradable sanitary napkins to adolescent girls studying in Classes VI to XII and directed all schools to maintain gender-segregated toilets with functional water facilities to facilitate proper menstrual hygiene management.
The Court had kept the matter pending for monitoring compliance with its directions. Pursuant to the earlier order, the Union Government, various State Governments and Union Territories filed compliance reports before the Court. The Union was represented by Additional Solicitor General Archana Pathak Dave.
During the hearing, Advocate Varun Thakur, appearing for the petitioner, questioned the adequacy of the reports filed by the authorities. He submitted that the documents placed on record largely consisted of policy proposals, recommendations and future plans rather than material demonstrating actual implementation of the Court’s directions. According to him, the Union Government had not placed any comprehensive field-level assessment indicating the extent of compliance achieved across the country.
The petitioner further contended that, except for the Union Territory of Chandigarh, most States had failed to file independent compliance reports. It was also argued that several States had not allocated adequate budgetary resources for implementing menstrual hygiene measures. Reference was made to Madhya Pradesh, which was stated to have earmarked ₹60 lakh for the supply of sanitary products across the State.
Referring to the NITI Aayog Report, 2026, the petitioner submitted that 98,592 government schools across the country did not have functional toilets for girls, while 61,540 schools lacked usable toilet facilities altogether. It was further argued that dedicated sanitation staff should be appointed on a permanent basis in government schools. However, many States continued to depend on municipal bodies and village panchayats for sanitation-related services instead of creating a permanent institutional mechanism.
The petitioner maintained that the overall compliance position remained unsatisfactory and argued that the focus should be on actual implementation and measurable outcomes rather than policy-level descriptions on paper.
Taking note of the concerns raised, the Supreme Court directed the Union Government to examine the issues highlighted by the petitioner and take corrective measures at the earliest. The Bench reiterated that menstrual hygiene has been recognised as a facet of the right to life and dignity under Article 21 of the Constitution and observed that constitutional guarantees cannot remain confined to judicial pronouncements without effective execution by the executive authorities.
The Court observed that the Union Government and all State Governments must work collectively and in a positive manner to ensure that the fundamental right to menstrual hygiene is translated into meaningful and workable protections for school-going girls.
The Bench further directed the Union Government to continue monitoring compliance by States and Union Territories and to periodically collect relevant data and information regarding the implementation of its directions. The Union has been directed to submit a fresh status report every three months detailing the progress achieved.
Making it clear that the matter would remain under judicial scrutiny, the Supreme Court observed that it would continue monitoring compliance to ensure that its directions were implemented in both letter and spirit. The Court emphasised that the Union Government must actively guide and supervise the States while regularly collecting compliance data from States and Union Territories, so that the constitutional mandate relating to menstrual hygiene is effectively realised across the country.
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