CrackitToday App

Menstrual Health as a Fundamental Right

Menstrual Health as a Fundamental Right:

The Supreme Court of India (SC) , in the case of Dr. Jaya Thakur v. Government of India & Ors. (2026), officially recognized Menstrual Health and Hygiene (MHH) as a fundamental right under Article 21 (Right to Life and Dignity).

  • The court issued a continuing mandamus (a judicial order through which it keeps a matter pending to monitor compliance ) directing the Centre and states to ensure free sanitary napkins and functional toilets in all schools.
  • The Supreme Court has declared Menstrual Health and Hygiene (MHH) an integral part of the right to life, dignity, bodily autonomy, equality, and education under Articles 21 and 14, transforming it from a welfare concern into a binding constitutional entitlement.
  • The judgment mandates free sanitary products, functional gender-segregated toilets, safe waste disposal, sensitisation of students and teachers, and strict accountability, while exposing major implementation challenges in infrastructure, funding, and social attitudes.