India Insights: Gender Equality: Supreme Court highlights the necessity to access toilets and sanitary napkins

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On May 25, 2026, India’s Supreme Court stressed the need for gender equality in India. Specifically, the need 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 gender segregated toilets and an absence of period products. This discussion is a product of the Court’s 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.

Whereas the Court’s meeting in May served to discuss the implementation of period policies, January was when the SC decided on developing the policies. “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”, the apex court said on January 30. The complexities inherent to being a woman in India are vast, particularly because the country has a patriarchal system well-established within its society; for instance, 85% of households are male dominated, according to Singh (2022). Periods are heavily stigmatized and often seen as unhygienic and a taboo, which also happens within some of India’s neighbours, such as Nepal and, its rival, Pakistan. For instance, UN data displays that 71% of girls in India are unfamiliar with menstruation until their menarche (first period). This is a vivid display not only of the poor level of sexual education within Indian schools, but also how periods are a taboo topic, which most girls have to experience to understand 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.

The need for the Supreme Court to monitor states in creating the best educational environment for young girls was heavily stressed in the recent meeting. It is highly detrimental to any society when women are secluded to domestic work, as it further promotes a hierarchical gender structure and distances women from acquiring their deserved independence. A UN report on women’s economic empowerment explains the benefits of female participation in the workforce, for example, female presence can boost global economy in USD three trillion. The apex court, another name for India’s Supreme Court, agreed on overseeing the progress made by the states every three months, in addition to requiring them to submit progress reports to the Government by August 15, 2026. Furthermore, the court required 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 labels like “disgusting” and “unhygienic”. Many argue that this is a result of a deeply ingrained belief across India that women are inferior. 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 difficult to demolish a well-established structure. However, that NGOs, civil society actors, and some women have been taking measures to counter the prejudice against periods and women. Within these actors, there are two major NGOs, Project Baala and Goonj, provide reusable cloths and teach women about reproductive health to women in remote locations, such as city slums.

In an interview, Vandana Prasad, is a community pediatrician, has explained that “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”. This testimony conveys the unfortunate and overall unnecessary situation girls must endure whilst on their period, and menstruation alone is already an uncomfortable experience. 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 to incentivize girls to continue their 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 patriarchal 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”. For decades, Indian girls dropping out of school has remained a constant. The girls who don’t drop out and remain in school often stay at home during the length of the menstruation, which impacts the quality of their education and the amount they learn.

India’s Supreme Court has demonstrated willingness in progressing towards the long overdue gender justice. The Court’s function is to interpret the constitution, declare what needs to be changes, and monitor the implementation of the policies. In this issue, the Court will work alongside the executive branch, both nationally and regionally, to allocate funds and monitor states implementations of the changes. Although a progressive towards ensuring girls remain in schools, it is now up to the government of India to ensure that its’ states build toilets and provide free and biodegradable sanitary napkins, which will require a partnership between schools and their local governments. The court examined the issue and concluded on January 30 that changes are in order, and on May 25 the decision was later stressed. In sum, the Supreme Court determined the constitutional obligation of states to ensure gender-segregated toilets and period products, and needs to work alongside the central government to monitor states. Making schools provide their students with sanitary napkins and gender specific toilets is a massive advance in the battle of keeping girls in schools.