Case: Jaya Thakur Vs. Government of India and Ors.
A public interest petition was filed seeking directions to ensure access to menstrual hygiene management measures for school-going girls, including the provision of free sanitary pads, separate and functional toilets for girls in government and government-aided schools, proper maintenance of sanitation facilities, and awareness programmes on menstrual health. The petition highlighted that the lack of basic menstrual hygiene infrastructure in schools leads to absenteeism and, in many cases, complete drop-out of adolescent girls from the education system. The Court took note of the fact that menstruation continues to be surrounded by stigma and taboos, and that inadequate water, sanitation and hygiene facilities disproportionately affect the ability of girls to attend school with dignity and continuity.
The Court observed that the right to education is not confined to mere enrolment in school, but extends to the ability of a child to meaningfully participate in education without facing structural or practical barriers. It was held that the absence of gender-segregated toilets, lack of access to sanitary absorbents and inadequate disposal mechanisms directly impede the enjoyment of the right to education by menstruating girls.
The Court recognised education as a fundamental human right and linked it to human dignity under Article 21 of the Constitution, noting that barriers arising from menstruation disproportionately impact adolescent girls and reinforce systemic exclusion. It applied the doctrine of substantive equality under Article 14, holding that formal equality is insufficient where social and biological realities place certain groups at a disadvantage. The State is therefore under a positive obligation to take affirmative measures to remove barriers that prevent equal access to education.
The Court further held that the right to dignified menstrual health forms an integral facet of the right to life and personal dignity. It acknowledged that lack of menstrual hygiene facilities results in unequal participation in education and undermines equality of opportunity. Special emphasis was placed on the compounded disadvantage faced by girls with disabilities, where the absence of accessible sanitation facilities further entrenches exclusion. The Court noted that despite the existence of multiple schemes and policies at the Union and State levels, implementation remains inconsistent and inadequate, thereby diluting the constitutional promise of equality and dignity in access to education.
Taking into account the constitutional guarantee of equality, dignity and the right to education, the Court issued directions to ensure that menstrual hygiene management measures are treated as essential components of the educational infrastructure in schools. The Court directed the authorities to ensure access to sanitary absorbents, functional and gender-segregated toilets with water facilities, proper waste disposal mechanisms and awareness programmes on menstrual health. It was emphasised that these measures are not matters of charity or discretion, but flow from the State’s positive obligations under Articles 14, 21 and 21A of the Constitution. The petition was accordingly allowed with directions for effective and consistent implementation of menstrual hygiene measures in schools.
Written by Adv. Aiswarya Krishnan
