Will a landmark judgment spur progress from menstrual hygiene to menstrual justice?
SHOBHA SHUKLA - CNS
In a landmark judgment delivered on 30th January 2026, the Supreme Court of India declared menstrual health an integral component of individual fundamental rights, making India the only country in the world to constitutionally guarantee menstrual health. This far-reaching judgement linked menstrual health to the right to life under Article 21 of India's constitution, which, the Court emphasised, is not confined to a mere existence but includes the right to live with dignity, health, and self-respect, highlighting the need to dismantle the shame surrounding menstruation.
With a view to ensure that this landmark decision does not remain only on paper, but is truly put into action, the Supreme Court will hear this matter again after 3 months (from 30 January 2026) to know how well the mandates of the judgment have been implemented across the country.
Lauding the judgement for addressing a long-standing gap between legal guarantees and lived experiences, Debanjana Choudhuri, a gender justice activist, said that "by recognising menstrual health and hygiene as an integral part of life under the Article 21, the Court acknowledged a reality that has been long affecting girls and women particularly, in silence and neglect because it stems from patriarchal mindset, stigma, and taboo. The recognition is supported by the constitutional mandate under Article 15 which empowers the state to make special provisions for women by bringing menstruation into constitutional discourse."
In India, approximately one in four adolescent girls drop out of school annually due to challenges in managing their menstruation. Government data shows that in India approximately 4 million (40 lakhs) girls dropped out of primary education in the last four years. Perhaps this was one of the reasons that prompted the top court to intervene to make menstrual health a fundamental right.
Menstrual justice is a human rights and social justice framework that aims to end the stigma, economic barriers (period poverty), and structural inequalities that prevent individuals who menstruate from managing their periods with dignity.
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