Supreme Court warns states over silence on menstrual hygiene ruling

The Supreme Court gave states and Union territories a final chance to report compliance with its menstrual hygiene ruling. Continued silence could invite contempt notices against the chief secretaries concerned.Image used for representational purposes onlyNewdelhi,Oct 18, 2026 12:58 ISTThe Supreme Court has expressed displeasure over states and Union territories not informing the Centre about the steps taken to implement its judgment declaring menstrual hygiene a part of the fundamental right to life under Article 21 of the Constitution, news agency Press Trust of India reported.The court has given states and Union territories one last opportunity to provide the information, warning that it may issue contempt notices to the chief secretaries concerned if they fail to respond. The next hearing is scheduled for December 14.A bench of Justices J B Pardiwala and R Mahadevan said, "If what we have said in the judgment is only going to remain on paper, how is the Union, states/UTs going to give effect to this fundamental right?"The bench said the Supreme Court had declared menstrual hygiene and menstrual health to be among the rights protected under Article 21, which deals with the protection of life and personal liberty. In its January 30 judgment, the court had ruled that the constitutional right to life includes the right to menstrual health. On September 1, it directed states and Union territories to consider the deficiencies highlighted in the judgment and submit reports by the next hearing.At a hearing on October 13, Additional Solicitor General Aishwarya Bhati, appearing for the Centre, told the bench that the Union government had taken up the matter seriously with all states and Union territories and sought details on how the judgment was being implemented, according to PTI. Noting that no responses had been received, the bench said, "Unfortunately, the states/UTs have not responded to the Union so far. We fail to understand that once the Union calls for the necessary information, why the states/UTs do not respond.""We are sure that the Union, the states/UTs have realised the importance of the judgment that we delivered, declaring menstrual hygiene as a part of the fundamental right," the bench said.The court said its verdict was intended to help young girls who were dropping out of education, particularly in remote parts of the country, because of problems related to menstrual hygiene."We direct the Union to take up this issue very seriously with each state/UT and call for the necessary information in writing as to what steps they have taken so far for giving effect to the judgment delivered by this court," the bench said.It asked the Centre to study the verdict again and seek information on every aspect covered by it. "On the next date of hearing, if we hear from the Union that some of the states/UTs have not responded, we shall proceed to issue contempt notice to the concerned chief secretary," the bench said.In its September 1 order, the court said the authorities should focus on identifying schools that lacked separate functional toilets for girls and boys, usable water connections, accessibility and privacy.The Centre had then told the Supreme Court that 30,458 separate toilets with washing facilities had been built in schools across the country, while another 4,236 were under construction, PTI reported.In its January judgment, the court directed states and Union territories to ensure that every government-run and privately managed school in urban and rural areas had functional, separate toilets for girls and boys with usable water connections. It also directed them to ensure that every school provided sanitary napkins free of cost to girl students.The judgment came on a plea seeking nationwide implementation of the Centre's menstrual hygiene policy for school-going girls in Classes 6 to 12 at government and government-aided schools. The latest order reiterates that states and Union territories must report how they are implementing the ruling before the matter is heard again on December 14.- Ends