Social work · Menstrual health

No girl should leave school for want of a sanitary pad.

How a petition by Dr. Jaya Thakur became one of the Supreme Court's most significant rulings on girls' health, dignity and education.

30 January 2026
Dr. Jaya Thakur v. Government of India & Ors.
W.P.(C) No. 1000 of 2022
2026 INSC 97
Justices J.B. Pardiwala and R. Mahadevan

Menstrual health was recognised as part of the right to life with dignity (Article 21) and the right to education (Article 21A).

The Court directed governments and schools, whether government, aided or private, to provide free sanitary napkins, functional separate toilets for girls, safe disposal arrangements and menstrual health education, and it kept the case open to monitor compliance.

The problem

Why the petition was filed

Filed under Article 32 of the Constitution, the petition asked that girls in Classes 6 to 12 receive free sanitary pads and have separate toilets at school, and that menstrual health be taught.

It pointed to girls missing school every month, and many leaving altogether, because schools lacked the most basic facilities. At a November 2024 hearing, her counsel described a recent visit to Damoh district, Madhya Pradesh, where government middle schools had no peons or housekeeping and no provision for sanitary pads.

What the Court ordered

The directions

  • Free sanitary napkins for girl students
  • Functional, separate toilets for girls in every school
  • Safe and hygienic disposal arrangements
  • Menstrual health education in schools
  • Applies to government-run and privately managed schools
  • Continuing supervision of compliance by the Court
Timeline

Four years in the Supreme Court

  • 28 November 2022

    Notice issued

    Calling it an "important issue", a bench led by Chief Justice D.Y. Chandrachud issued notice to the Union, all States and Union Territories and sought the Solicitor General's assistance.

  • April 2023

    A national model ordered

    The Court asked the Centre to prepare a national model for menstrual hygiene management in schools.

  • July 2023

    States warned

    With only a few States having responded, the Court warned of coercive action if status reports were not filed.

  • July – November 2024

    National policy

    In July 2024 the Centre said a national policy was at an advanced stage. In November 2024 it told the Court that a Menstrual Hygiene Policy for School-Going Girls had been approved.

  • 30 January 2026

    Judgment: 2026 INSC 97

    Menstrual health is held to be part of the rights to life and education, with binding directions for all schools.

  • May 2026

    Deadline of 15 August

    Told that only Chandigarh had filed a compliance report, the Court set a deadline for States and Union Territories to implement its directions.

  • 1 September 2026

    Compostable pads and surprise inspections: 2026 INSC 994

    Criticising poor implementation, the Court required compostable (not oxo-biodegradable) pads, encouraged menstrual cups, and ordered unannounced school inspections.

Sources: LiveLaw (2022) Verdictum (2023) The Tribune (Jul 2024) NewsMill (Nov 2024) Business Today (Nov 2024) SC Observer (2026) NewsGram (May 2026) Bar & Bench (Sep 2026) LawBeat (Sep 2026) Verdictum (Sep 2026)

Explained

The judgment, explained

Law students and exam-preparation channels have produced explainers on the case. These are by independent channels.

Dr. Jaya Thakur v. Union of India (2026) | Complete Case Analysis for CLAT PG 2027
RostrumLegal
Dr. Jaya Thakur vs Govt of India Case Analysis | Menstrual Hygiene Distribution of Free Sanitary Pads
Tech Lawyer
Landmark Judgement: Dr Jaya Thakur vs Govt of India
Law Entrance

Videos are by independent channels and play from YouTube.

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