Relevance: GS II (Social Justice/Polity) & GS I (Indian Society) | Source: The Hindu ; Supreme Court Judgment (Dr. Jaya Thakur v. GoI)
1. The Human Context: Biology is not a Barrier
In a historic verdict on January 30, 2026, the Supreme Court declared that the Right to Menstrual Health is an integral part of the Right to Life (Article 21).
The Core Idea: The Court emphasized that menstruation is a biological process. If a girl is forced to drop out of school due to a lack of pads or toilets, the State is failing its constitutional duty to provide equal opportunity.
The Logic: A lack of menstrual hygiene creates a “gender-specific barrier,” violating Article 14 (Right to Equality) and Article 21A (Right to Education).
2. The Mandate: “Free Pads & Safe Spaces”
The Court has issued strict, time-bound directives to all States and Union Territories:
- Free Provisions: Schools must provide free sanitary napkins to all girl students from Classes 6 to 12.
- Eco-Friendly: The pads provided must be oxo-biodegradable (environmentally safe) to prevent pollution.
- Infrastructure: Every school (Government and Private) must ensure:
- Separate, functional toilets for girls with water and soap.
- “MHM Corners” equipped with spare innerwear and emergency supplies.
- Safe disposal mechanisms (incinerators/covered bins).
3. Schemes in Action
The judgment reinforces existing efforts:
- PM Bhartiya Janausadhi Pariyojna: Provides ‘Suvidha’ sanitary pads at just ₹1.
- Samagra Shiksha: Funding from the Ministry of Education to build toilets and incinerators in schools.
UPSC Value Box
| Concept / Term | Relevance for Prelims |
|---|---|
| Oxo-biodegradable Plastic | A type of plastic containing additives that help it break down faster into micro-fragments when exposed to oxygen and heat, unlike traditional plastic that persists for centuries. |
| Article 21A | Inserted by the 86th Constitutional Amendment Act (2002), it makes free and compulsory education a Fundamental Right for children aged 6 to 14 years. |
| Sustainable Development Goal 6 | Deals with “Clean Water and Sanitation,” explicitly targeting adequate and equitable sanitation and hygiene for all, paying special attention to the needs of women and girls. |
Question
Q. With reference to the recent Supreme Court judgment in Dr. Jaya Thakur v. Government of India, consider the following statements:
- The Court declared the Right to Menstrual Health as an integral part of Article 21 of the Constitution.
- The judgment mandates the provision of free sanitary napkins to girl students in Classes 6 to 12 in all government and aided schools.
- The ‘Suvidha’ brand of sanitary napkins is provided under the Ayushman Bharat Mission.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Correct Answer: (b)
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