Menstrual health, now a fundamental right: ‘Landmark step to eliminate period poverty’

While delivering the judgement, the apex court observed that although official statistics point to significant gains in toilet construction and household tap connections, these inputs have not translated into the effective elimination of "period poverty". Access is uneven and facilities are often non-functional.

The fact that 10 states and eight Union Territories failed to respond to the apex court’s directions, despite being given three years to report on the implementation of menstrual hygiene management policies under the ministries of drinking water and sanitation, women and child development and education, reflects low priority accorded to menstrual health within governance structures, despite well-intentioned policies.

The judgement is also an important step in the current landscape of evolving society. It has made a crucial clarification: the right to dignified menstrual health merits constitutional protection even though it directly affects only part of the population.

Poor menstrual management has clear consequences for health, mobility, education and livelihood opportunities for girls and women. Social stigma, though slowly receding, remains deeply entrenched and continues to constrain daily functioning. The judgement signals equality requires sustained state action, not merely recognition.

The ruling must be operationalised through four interlinked pillars: health, education, environment and gender. A health-systems approach demands the normalisation of menstrual awareness, enabling individuals to distinguish between healthy menstruation and symptoms that re-quire medical attention. This is urgent given the widespread under-diagnosis of conditions such as premenstrual syndrome (PMS), premenstrual dysphoric disorder (PMDD) and endometriosis, which significantly affect quality of life and fertility.

Gender-inclusive menstrual education must be provided to all students, as menstruation is a starting point of life and hence relevant to all. This will help normalise menstruation and foster respectful gender relations as schools are the most effective site for addressing puberty-related challenges and shaping attitudes early.

Responsible menstrual education must include accurate information on the full range of menstrual products—disposable and reusable—their correct use, maintenance, advantages and limitations. Informed choice, supported by caregivers and educators where necessary, is fundamental to dignity and autonomy.

Environmental considerations strengthen the case for moving beyond infrastructure-led solutions. Reusable products like cloth pads, period underwear, menstrual cups and discs, reduce long-term waste, lower recurring costs and limit exposure to allergens and endocrine disruptors found in some disposable products. When supported by adequate water, privacy and storage facilities, field evidence shows such options are both acceptable and sustainable. The introduction of the Bureau of India Standards (BIS) for reusable products provides an additional safeguard for quality and safety.

Finally, a gender lens positions menstrual health as an entry point to broader adolescent health and reproductive rights, including those addressed under the Rashtriya Kishor Swasthya Karyakram.

As the apex court observed, much of the progress in this field has been driven by civil-society. Translating constitutional intent into everyday dignity will therefore require structured collaboration with non-profits, granting them measured autonomy in assessment and delivery, supported by existing audit and compliance mechanisms.

This column was originally published in the appraisal Menstrual health, now a fundamental right in the February 16-28, 2026 print edition of Down To Earth