India Insights: Gender justice - Supreme Court highlights the necessity to access toilets and sanitary napkins.
On May 25, 2026, India’s Supreme Court stressed the need for gender justice. To improve the lives of girls in education, and give them a chance at a brighter future, instead of making them rely on domestic work. The Supreme Court expressed that it is unfair and wrong that a large number of young women stop their studies due to a lack of access to male-female toilets and an absence of period products. This discussion is a product of the decision reached by the organ on January 30, 2026, when menstrual health and hygiene were established as fundamental rights in India. Moreover, it was also settled that schools all over the country shall provide free oxo-biodegradable sanitary napkins, as well as guarantee the existence and function of all female toilets. This applies to private, public, and aided schools.
“The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health”, said the apex court during the ruling day of January 30. The complexities around being a woman in India are vast, specially as the country has a patriarchal system well-established within its society. Periods are heavily stigmatised and often seen as unhygienic and a taboo. For instance, UN data displays that 71% of girls are unfamiliar with menstruation until their menarche (first period). This is a vivid example of not only the poor level of sexual education within schools, but also how periods are an undisclosed topic, which most girls have to experience it, to get to know it. Additionally, a report made by the NGO Dasra concluded that more than 20 million girls drop out of school annually due to poor hygienic conditions, no availability of sanitary napkins and barely, if any, information about menstruation.
It was also heavily stressed throughout the recent meeting, the need of the Supreme Court to maintain constant monitoring and assist states in creating the best educational environment for young girls. It is highly detrimental to any society if women are secluded to domestic work, as it further promotes the hierarchical gender structure and distance women from acquiring their deserved independence. The apex court agreed on overseeing the progress made by the states every three months, in addition to requiring them to submit reports to the Centre by August 15, 2026. Furthermore, the court requires that every school’s gender-segregated toilets have access to potable water and that the sanitary napkins are displayed within toilets or a designated area.
India’s Prejudice Against Periods
As previously stated, India has a serious prejudice against periods, with a great percentage of its population attributing it names such as “disgusting” and “unhygienic”. Many argue that this is due the nation’s understanding that women are somewhat inferior, a thought present in any patriarchal society, even if not conscious in its perpetrators. The taboos surrounding menstruation have hindered girls’ educations for many years, and they continue to do so. Although there are efforts in place to counter the damage done by the taboos, it is of great difficulty to demolish a well-established structure. However, that does not mean that the attempts should cease. It is necessary insistency and constant revoking of outdated and harmful practices in order for them to change, which is seen through the Supreme Court’s initiative.
In an interview, Vandana Prasad, is a community paediatrician, has explained that "social taboos still abound and girls face various forms of discrimination during their periods such as denial of certain foods, denial of physical access to spaces like kitchens and temples and on rare occasions even have to stay in some outhouse for a couple of days”. In this testimony, one can visualise the unfortunate and overall unnecessary situation girls have to endure whilst on their period, which in of itself is already an uncomfortable experience. The denial of basic rights is another vivid proof of the inhumane treatment of girls and women for menstruating, and the shame that they are taught to have is carried by them throughout their lives. In educational spaces, some girls opt to drop out instead of facing the wrongfully placed shame. Hence, a safe environment is necessary to be established in order to incentivise girls to pursue further education.
How Is Lack of Product Accessibility And Education Are Impact Girls’ Educations?
There are several factors that contribute to girls dropping out of school, two of which are the scarcity of period products and the lack of gender segregated toilets. These features, associated with the unequal gender system, leads girls to a future of domestic work. Prasad has explained that periods in the Indian society are a “monthly burden of misery for poor girls and women that increases their marginalization and puts them at an additional disadvantage over and above their already poor health, nutritional, educational and social status”. It is astounding the suffering women endure only for something that is a part of their biology. Through many passing decades girls dropping out of school remained a constant, leading them work mostly in the domestic environment, which is a setback to contemporary life. The girls who don’t drop out and remain at school, most times stay at home during the length of the menstruation, which impacts the quality of their education and the amount they learn. Overall, menstruation should not have any influence on girls’ education and changes are necessary in order to provide young women with a chance of a better and more independent future.
India’s Supreme Court has demonstrated willingness in progressing towards the long overdue gender justice. Making schools provide their students with sanitary napkins and gender specific toilets is a massive advance in the battle of keeping girls in schools. Nonetheless, if the apex court will follow through on the monitoring and the schools in the agreed upon orders is unknown. It is necessary that the community, civil society actors and NGO pressure both the Supreme Court and the schools to continue with the agreed practices. Another feature that must improve in order to fight school dropping out by girls, is sex education. It should be mandatory that both girls and boys understand how their bodies function, and schools should be at the centre of discussion. In sum, a lot of progress must be made, as girls must have the same opportunity, treatment and rights as men.
