India's Supreme Court issued a landmark ruling Thursday declaring menstrual health a fundamental right under Article 21 of the Constitution, mandating that all government schools, colleges, and public institutions provide free sanitary pads to women and girls.
The decision affects 355 million menstruating women and girls across India - a population larger than the entire United States.
"Dignity During Menstruation Cannot Be a Privilege"
The bench, in its unanimous judgment, held that access to menstrual hygiene products is essential to the constitutional guarantee of life with dignity. The court directed state governments to ensure implementation within six months.
"In a nation of 1.4 billion people, we cannot allow half the population to choose between dignity and poverty," the court observed in its written order.
According to the National Family Health Survey, only 58% of Indian women aged 15-24 use hygienic menstrual protection methods. In rural areas, that figure drops to 48%. The remaining millions use cloth, ash, or nothing at all - practices that lead to infections, school dropouts, and perpetuate stigma.
A billion people aren't a statistic - they're a billion stories. For Rekha Sharma, a 16-year-old student in Bihar, the ruling could mean the difference between attending school and staying home five days each month.
"My family spends 300 rupees monthly on pads for me and my sister," she told local media. "That's our vegetable budget for a week."
Implementation Challenges Loom Large
The court's directive requires state governments to allocate budgets, establish distribution systems, and ensure supplies reach India's 650,000 villages. Health policy experts estimate the program could cost ₹12,000 crore ($1.4 billion) annually.
Several states including Maharashtra, Kerala, and Tamil Nadu already run limited distribution programs. But scaling nationwide across India's federal structure - with 28 states and 8 union territories - presents massive logistical hurdles.
"The judgment is progressive, but the devil is in implementation," said Dr. Poonam Muttreja, executive director of the Population Foundation of India. "We've seen court orders on toilets, on clean water. Enforcement is where good intentions meet ground reality."
The ruling came in response to a public interest litigation filed by women's rights organizations highlighting how period poverty forces millions of girls to miss school and college, limiting their educational and economic opportunities.
India produces 12.3 billion disposable sanitary pads annually, but imports of cheaper products from China dominate the market for low-income users. The court suggested states could establish local manufacturing to create jobs while meeting demand.
Regional Ripple Effects
The decision positions India ahead of most of South Asia on menstrual rights. Pakistan, Bangladesh, and Sri Lanka lack comparable national programs, though grassroots NGOs have launched local initiatives.
Scotland became the first country to legislate free period products in 2020. New Zealand and several Canadian provinces followed. India's ruling, while not legislation, carries constitutional weight that could influence policy across the developing world.
The court also directed the government to launch awareness campaigns to combat menstruation taboos. In many Indian communities, menstruating women face restrictions - barred from kitchens, temples, or even touching certain family members.
"Law can't change culture overnight," the judgment noted. "But it can establish that discriminating against women for biological functions has no place in a constitutional democracy."
State governments must submit implementation plans to the court within 90 days. The next hearing is scheduled for May, when the bench will review progress and address any compliance issues.
