Supreme Court Declares ‘Menstrual Health’ as a Fundamental Right under Article 21

Current Context: On 17 Feb 2026, the Supreme Court of India declared menstrual health and hygiene a fundamental right under Article 21 (Right to Life & Personal Liberty).

• The judgment was delivered by a three-judge bench led by CJI D.Y. Chandrachud, with Justice J.B. Pardiwala and Justice Manoj Misra.
• Originated from a PIL filed by activist Jaya Thakur, highlighting lack of menstrual facilities in schools and its link to dropout rates.
• The Court mandated functional toilets, sanitary pad vending machines, incinerators, and free/subsidized sanitary products in all government-aided schools.
• It approved the National Menstrual Hygiene Policy (2026) for uniform implementation across states.
• Directed the Centre to create a real-time portal to monitor facilities nationwide.
• Significance: Moves menstrual dignity from a welfare issue to a constitutional obligation, ensuring inclusivity and gender justice.

Question:

Q.1 Which constitutional body declared menstrual health and hygiene a fundamental right under Article 21 on 17 February 2026?
a) Supreme Court of India
b) Ministry of Health and Family Welfare
c) National Human Rights Commission
d) NITI Aayog

Answer: a) The Supreme Court of India held that menstrual health is intrinsic to dignity, privacy, and life under Article 21, thereby granting it fundamental rights status.