Supreme Court Slams States Over Lack Of Menstrual Hygiene Facilities In Schools, Warns Of Strict Action

The Supreme Court reiterated that menstrual hygiene is a fundamental right under Article 21 and gave defaulting states and Union Territories four weeks to submit compliance affidavits, warning that chief secretaries could be summoned for continued non-compliance.

The Supreme Court on Friday expressed strong displeasure over the failure of several states and Union Territories (UTs) to comply with its judgment on menstrual hygiene facilities in schools. The court granted the Centre and defaulting states a final opportunity to submit compliance reports and scheduled the next hearing for December 14.

A two-judge bench comprising Justices JB Pardiwala and KV Viswanathan criticised the lack of response from most states despite repeated communications seeking details of measures taken to implement the judgment.

“We are concerned that despite Centre seeking reports from all states and UTs (Union Territories) on the steps taken, majority have not responded, reflecting the apathy towards women's health and dignity,” the bench observed.

Menstrual Hygiene A Fundamental Right Under Article 21

The court was reviewing the implementation of its landmark January 30 judgment, which recognised menstrual hygiene as an integral part of the right to life with dignity under Article 21 of the Constitution.

The judgment directed governments to ensure access to menstrual hygiene facilities, awareness programmes and adequate sanitation infrastructure in schools and public institutions.

Expressing concern over the failure of several states and UTs to implement its directions, the bench observed that such inaction undermines the constitutional rights of women and girls.

“The States must realize that menstrual health is not a taboo subject to be ignored. It is directly linked to health, education and dignity,” the bench said.

Court Seeks Details Of Sanitary Pads, Toilets And Funds

The January 30 judgment directed authorities to provide free sanitary napkins in schools, functional toilets with running water, incinerators for sanitary waste disposal and menstrual hygiene education as part of the school curriculum.

An Additional Solicitor General (ASG), appearing for the Centre, informed the court that communications had been sent to chief secretaries of all states and UTs seeking information on the implementation of these measures.

The communications sought details of free or affordable sanitary napkins, functional toilets with water facilities, disposal infrastructure and menstrual health education. However, only a handful of states and UTs had responded.

The bench directed the defaulting states and UTs to file comprehensive affidavits within four weeks, specifying the policies framed, funds sanctioned, sanitary pads distributed and toilets constructed.

Non-Implementation Affects Girls’ Education And Dignity

Reiterating that menstrual hygiene is a constitutional right rather than a welfare measure, the court criticised the failure to implement its directions.

“Menstrual hygiene is not charity or largesse. It is a fundamental right under Article 21. States cannot treat this judgment as mere advisory. Non-implementation directly impacts adolescent girls, leading to school dropouts, health issues and stigma,” the bench remarked.

The January 30 judgment had also directed the Centre to formulate a uniform national policy on menstrual hygiene, while requiring states and UTs to implement it through budgetary allocations and time-bound measures.

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Chief Secretaries May Be Summoned Over Non-Compliance

The bench instructed the Centre to issue a final reminder to the defaulting states and UTs and prepare a chart identifying those that had complied with the judgment and those that had not.

The court warned that chief secretaries of states and UTs failing to submit compliance reports by the next hearing could be summoned. It also indicated that coercive measures could be considered against those continuing to disregard its directions.

The matter will be heard next on December 14.