Education

Supreme Court of India has firmly recognized menstrual health as an integral part of the Right to Life under Article 21 of the Constitution. The Court emphasized that access to free sanitary pads for school-going girls is not a matter of charity or welfare—it is a constitutional obligation of the State.

This observation marks a powerful step forward in addressing a long-ignored but deeply rooted issue affecting millions of girls across India.

Menstrual Health and Article 21: A Broader Meaning of Life

Article 21 guarantees the right to life and personal liberty, but over the years, the Supreme Court has consistently expanded its scope beyond mere survival. The Court has held that the right to life includes the right to live with human dignity, health, hygiene, and privacy.

By bringing menstrual health within the ambit of Article 21, the Court has made it clear that a girl cannot live with dignity if she is denied basic menstrual hygiene. Menstruation is a natural biological process, yet for decades it has been surrounded by silence, stigma, and neglect—especially in rural and economically weaker sections.

The Court acknowledged that lack of access to sanitary pads forces girls to use unsafe alternatives, leading to infections, long-term health complications, and psychological distress.

Education at Stake: When Periods Push Girls Out of Schools

One of the most concerning realities highlighted before the Court was the direct link between menstruation and school dropouts. Many adolescent girls miss school during their periods due to:

Non-availability of sanitary pads

Lack of clean toilets and disposal facilities

Fear of staining clothes and public embarrassment

Social taboos and misinformation

In several cases, repeated absenteeism ultimately results in girls dropping out altogether. The Supreme Court noted that denial of menstrual hygiene products indirectly violates the right to education and equality, making the issue far more serious than it appears on the surface.

Providing free sanitary pads in schools, therefore, is not just about hygiene—it is about ensuring continuity of education and equal opportunities.

Role of AORs and Legal Advocacy

This crucial issue reached the constitutional court through persistent legal advocacy. Advocates-on-Record (AORs) play a vital role in bringing socially significant matters before the Supreme Court. Their responsibility goes beyond representation; it extends to shaping constitutional discourse.

In this context, the contribution of Tushar Garg, AOR, Supreme Court of India, is noteworthy. As an AOR Supreme Court of India, he emphasized that menstrual health must be treated as a basic human rights issue, not merely a policy concern.

Such advocacy reflects how AORs act as a bridge between constitutional values and lived realities, ensuring that marginalized voices are heard at the highest judicial level.

Free Sanitary Pads: From Welfare to Right

The Supreme Court made it clear that providing free sanitary pads to schoolgirls should be systematic, uniform, and effective across all States and Union Territories. Sporadic schemes or pilot programs are not enough.

The Court’s observations underline that:

Menstrual hygiene products are as essential as textbooks and uniforms

Budgetary constraints cannot override fundamental rights

Implementation must focus on accessibility, quality, and awareness

This shifts the narrative from “government schemes” to rights-based entitlement, strengthening accountability.

Breaking the Silence Around Menstruation

Beyond infrastructure and funding, the Court also indirectly highlighted the need for menstrual education and awareness. Silence and stigma worsen the problem. Girls often enter puberty without understanding what menstruation is, leading to fear and shame.

A rights-based approach means:

Educating both girls and boys about menstrual health

Training teachers to address the topic sensitively

Creating safe spaces in schools for discussion and support

True dignity comes not only from access to products but also from social acceptance and informed understanding.

A Constitutional Message to the Nation

The Supreme Court’s stance sends a strong message: menstrual health is not optional, and dignity cannot be postponed. When the Constitution promises a life of dignity, it applies equally to adolescent girls managing their periods in classrooms, playgrounds, and examination halls.

By recognizing menstrual health under Article 21, the Court has reaffirmed that gender justice begins with acknowledging everyday realities. This judgment has the potential to transform public policy, social attitudes, and the future of millions of girls.

Conclusion

The recognition of menstrual health as a fundamental right under Article 21 is more than a legal declaration—it is a moral and constitutional awakening. With proactive roles played by AORs, including voices like AOR Tushar Garg, the judiciary has once again acted as a guardian of dignity and equality.

Now, the responsibility shifts to governments, institutions, and society to ensure that no girl’s education, health, or self-worth is compromised because of a natural biological process. Menstrual dignity is human dignity—and the Constitution demands nothing less.