Dr. Jaya Thakur vs Government Of India
- Court
- Supreme Court
REPORTABLE
2026 INSC 994
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Writ Petition (Civil) No. 1000 of 2022
IN THE MATTER OF :
JAYA THAKUR …PETITIONER
VERSUS
GOVERNMENT OF INDIA & ORS. …RESPONDENTS
O R D E R
1. This matter has come up today to report compliance of our
directions issued in the main judgment and further progress.
2. By our order dated 25.05.2026, we had sought for a fresh report
from all States as regards further progress on due compliance with
our directions. We had also requested Ms. Archana Pathak Dave,
the learned A.S.G. for the Union of India, to look into the aspect of
the material of sanitary napkins that are to be distributed or made
available in schools.
Signature Not Verified
Digitally signed by
VISHAL ANAND
Date: 2026.09.16
10:12:13 IST
Reason:
3. In response, an affidavit dated 31.08.2026 has been filed by the
Union. The same reads thus:
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“ Progress under toilet and washing facilities
8. A D.O. letter no. 28-3/2021-Stat-Part(1) dated 31.12.2025
was sent to all the Chief Secretaries, requesting them to make
the remaining 39,439 girls toilets functional for saturation in
country before 8th March, 2026 as per gap identified in the
UDISE+ report 2024-25. As reported by States/UTs out of
these 77% i.e. 30458 have been constructed and 11% i.e. 4236
are under construction, leaving a gap of 12% i.e. 4745. A true
copy of the D.O. letter no. 28-3/2021-Stat-Part(1) dated
31.12.2025 is annexed herewith and marked as ANNEXURE-
A5 (Page 209 to). A true copy of the details as submitted by
States/UTs is annexed herewith and marked as ANNEXURE -
A6 (Page 210 to 213)
9. As reported by the States/UTs, most of the schools are
equipped with gender-segregated toilets along with water
connectivity, ensuring better hygiene, safety, and privacy for
students. These improvements have been particularly
beneficial for adolescent girls, as they support proper
menstrual hygiene management, help reduce absenteeism
during menstruation, and create a more comfortable and
confident learning environment. States/UTs such as Andaman
& Nicobar Islands, Assam, Chandigarh, Delhi, Dadra &
Nagar Haveli and Daman & Diu, Goa, Himachal Pradesh,
Lakshadweep, Puducherry, Punjab and Tamil Nadu have
reported complete coverage of gender-segregated toilets. Other
States, including Chhattisgarh, Gujarat, Haryana, Jammu &
Kashmir, Jharkhand, Karnataka, Kerala, Maharashtra,
Nagaland, Odisha, Rajasthan, Sikkim, Tripura, Uttarakhand,
Uttar Pradesh, and West Bengal have also reported high levels
of coverage across large school systems. It shows considerable
progress in the provision of separate and functional toilets for
girls and boys. Handwashing facilities with soap and water
have also been substantially expanded. Full or near-full
coverage has been reported in 27 States/UTs.
Sanitary products and MHM corners
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10. The availability of free sanitary napkins has received
considerable attention across States and UTs. Many
States/UTs distribute sanitary napkins or menstrual hygiene
kits through Samagra Shiksha, State health programmes,
direct benefit transfer, adolescent-health programmes and
residential-school interventions. Most of the States/UTs
provide sanitary pads in schools and hostels to girls in classes
VI-XII. Bihar has reported financial assistance under the
Mukhyamantri Kishori Swasthya Yojna, while Sikkim has
implemented free distribution through the Bahini Scheme.
11. It is further submitted that Sanitary napkin vending
machines are being installed in a number of States.
Chandigarh, Puducherry, Jammu & Kashmir, Arunachal
Pradesh and Odisha reported extensive coverage. Where
vending machines are not yet available in all schools, States
have generally identified designated locations, nodal teachers
or other arrangements through which girls can obtain free
sanitary pads.
12. That Progress has also been made towards establishing
MHM corners and support spaces. Dadra & Nagar Haveli
and Daman & Diu, Karnataka, Jammu & Kashmir, Odisha,
Chandigarh, Arunachal Pradesh and Puducherry reported full
& near full coverage MHM corners in all schools with
sanitary pads, spare uniforms, innerwear and disposal bags.
13. That Bihar has established Sakhi Sahayta Desks in
secondary and senior-secondary schools, while other
States/UTs have issued directions or initiated programmes for
establishing MHM corners. Such responses show encouraging
movement towards compliance.
Disposal systems and covered bins
14. The States have reported installation of incinerators,
covered bins and other disposal mechanisms. Andaman &
Nicobar Islands, Chandigarh, Karnataka, Puducherry, Jammu
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& Kashmir, Delhi, Odisha, and Arunachal Pradesh have
reported extensive coverage. Some States are using different
mechanisms for disposal.
15. The position regarding covered waste bins is also very
progressive. Several States, including Andaman & Nicobar
Islands, Chandigarh, Dadra & Nagar Haveli and Daman &
Diu, Jammu & Kashmir, Punjab, Puducherry, Gujarat, Bihar,
Delhi, Jharkhand, Rajasthan and Uttar Pradesh, reported
extensive coverage corresponding to their stated school totals.
16. For availability of toilet cleaners, Andaman & Nicobar
Islands, Dadra & Nagar Haveli and Daman & Diu,
Chandigarh, Delhi, Goa, Himachal Pradesh, Lakshadweep,
Puducherry, Punjab, Rajasthan, Sikkim, Uttar Pradesh and
Rajasthan reported extensive coverage. Many States/UTs
claim that cleanliness is ensured through workers hired from
agencies through composite school grant.
IEC activities and teacher sensitization
17. Awareness Campaigns: Most of the States/UTs have
conducted some form of menstrual-health awareness activity
in convergence with health department. These include the
School Health and Wellness Programme, adolescent education,
health and hygiene clubs, peer educators, counselling, parent
meetings, MHM Day events, printed materials, television
programmes and digital awareness initiatives.
18. Teacher Training: For coverage of teacher training and
sensitization on appropriate ways of supporting and assisting
menstrual students, all States/UTs are providing these as per
calendar and their program.
DEO Notices and inspections
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19. Eleven State/UTs reported that DEOs under Section 18 of
the RTE Act have issued notices in accordance of section 18 of
the RTE Act read with Rule 16 (a) of the RTE rules. While
reporting the coverage of school inspection by DEO for school
Infrastructure, especially with regard to toilets, washing
facilities, availability of menstrual absorbents, sanitary waste
disposal mechanisms and training/awareness measures
undertaken by the concerned schools, State/UT Governments
of Andaman & Nicobar, Chandigarh, Manipur, Karnataka,
Odisha, Puducherry and Punjab claimed inspection of all or
near to all schools. Other States/UTs have reported ongoing
inspections or inspections to be conducted. ”
4. We acknowledge that progress has been made by the State/UTs
on the matter since directions have been issued in the main
judgment. However, we are of the considered opinion that a lot
more needs to be done.
A. Nature of the material of sanitary napkins
5. This Court vide its judgment dated 30.01.2026 had directed thus:-
“ II. As regards the “availability of menstrual absorbents”, we
direct that:-
i. All States and Union Territories shall ensure that every
school, whether Government-run or privately managed, in
both urban and rural areas, provides oxo-biodegradable
sanitary napkins manufactured in compliance with the ASTM
D-6954 standards free of cost. Such sanitary napkins shall be
made readily accessible to girl students, preferably within the
toilet premises through sanitary napkin vending machines, or,
where such installation is not immediately feasible, at a
designated place or with a designated authority within the
school. ”
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6. By an interim application bearing number I.A. No. 138830/2026,
the Indian Compostable Polymer Association brought to our
notice the impact of oxo-biodegradable sanitary napkins on
environment. It was highlighted that oxo-biodegradable sanitary
napkins break down into fragments of nano plastics and
microplastics when disposed of in landfills, through deep burial,
composting, pit burning, or incineration. As a result, it would
exacerbate the problem of microplastic pollution. The difference in
the material bears some significance for the present discussion.
Compostable Biodegradable Oxo-Biodegradable
Materials which are
capable of breaking
down completely in
a controlled
composting
environment within
a specified time
period without
leaving any
harmful residue or
microplastics.
Materials which
breakdown over
time or through the
action of
microorganisms.
However, the rate
and extent of
biodegradation
depend on
surrounding
conditions namely,
temperature,
humidity, sunlight,
most importantly,
microorganisms.
Materials are made
of fossil-based
plastics containing
additives that
trigger degradation
when exposed to
heat, light and
oxygen. In absence
of exposure to
ultraviolet
radiation, oxygen
and suitable
temperatures,
which are often
absent in landfills
or burials, the
materials behave
similarly to
conventional
plastics i.e.,
fragments of micro
or nano plastic.
7. In response, the Union graciously requested that this Court may
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consider to direct the use of biodegradable napkins. The response
reads thus:-
“ 25. In this context, an interim application I.A. No.
138830/2026 was filed by a Non-Profit Society. It is submitted
that few States/UTs have raised the issue of non-availability of
the sanitary napkins of above specification. In this regard, the
Hon'ble Court may consider to direct use of biodegradable
sanitary napkins which are also environment friendly. ”
8. Thus, biodegradable and compostable sanitary napkins
manufactured from material like bamboo, jute, banana, starch and
corn, offers a sustainable solution to the growing problem of
menstrual waste. When biodegradable and compostable sanitary
napkins are disposed through burial pits they would decompose
naturally. Whereas, oxo-biodegradable material merely accelerates
the breakdown of visible plastic into smaller or rather less
manageable forms.
9. We emphasize on the use of biodegradable and compostable
napkins for two good reasons. First , these biodegradable sanitary
napkins are free from harmful chemicals, bleaching agents,
synthetic fragrances which lead to long-term health risks. Secondly ,
it reduces the environmental burden that eventually our children
would inherit. In short, this is about making sure that the choices
we make right now, do not create problem for the young children
after a few decades.
10. The distribution of biodegradable compostable sanitary napkins
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assumes greater importance owing to inadequate segregation at
source, limited infrastructure for processing, and prevailing social
and behavioural constraints when it comes to menstruation. At
present, menstrual waste are disposed with municipal dry and wet
waste, or through open dumping, burial, or incinerators, all of
which result in environmental pollution, more particularly,
contamination in soil and water.
11. We take this opportunity to emphasize that the States shall slowly
move towards more eco-friendly and scientifically validated
menstrual absorbents, more particularly, biodegradable sanitary
napkins, cloth-based sanitary napkins or reusable sanitary
napkins, menstrual cups, period panties. The States/UTs may
begin by promoting the use of reusable sanitary napkins by
educating the girl children about the manner of use, and
precautions to be undertaken while using them. Afterall,
sustainability is an act of care for the next generation.
12. In view of the aforesaid, the direction in Para 178(II)(i) i.e., “ oxo-
biodegradable sanitary napkins manufactured in compliance with the
ASTM D-6954 standards ” shall be now read as “ biodegradable,
biocompatible and compostable sanitary napkins in compliance with ISO
17088 read with IS 5405 standards ”. It must be noted that the it
would be the responsibility of the States/UTs Government to
ensure that such sanitary napkins are safe and effective to use.
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B. Takeaways from the responses of the State/UTs
13. Having carefully gone through the reports by the States/UTs, we
are constrained to say that we are discontent with the manner in
which compliance is reported. The response by some States exhibit
non-application of mind or rather mere formality. For instance ,
where the response shall be subjective, some States have indicated
compliance through mere statistics or objective yes/no responses.
14. Additionally, Para 19 of the affidavit states that District Education
Officer (DEO) in 11 States/UTs have issued notices and conducted
inspection. In this regard, we would like the States/UTs to put on
record the takeaways of the DEO from such inspections, and
feedback of students collected in furtherance of our directions in
Para 174 of the judgment. For convenience, we reproduce the
relevant direction:-
“ 174. The District Education Officer (DEO) is directed to
conduct periodic inspections, preferably once in a year, of
school infrastructure, particularly with regard to toilet and
washing facilities, availability of menstrual absorbents,
sanitary waste disposal mechanisms and training/awareness
measures undertaken by the concerned school . Whilst
conducting such periodic inspections, the DEO must
mandatorily obtain anonymous feedback in the form of a
tailored survey from the students themselves and ensure that
any further action taken pursuant to such a periodic
inspection gives due regard to the responses received from
such a survey. ”
(Emphasis supplied)
15. Furthermore, the Union’s affidavit states that most of the schools
are equipped with gender-segregated toilets alongwith continuous
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water connectivity. Although, the following States/UTs have
reported full coverage as regards functional toilets, yet we have
noticed some discrepancies in their responses.
State/UTs Issue
Andaman &
Nicobar Island,
How could the State/UTs report saturation
when the number of the schools where toilets
are accessible for children with special needs
are not the same as the total number of
schools?
Goa, Himachal
Pradesh,
Lakshadweep,
Puducherry
Assam The number of schools having functional hand
washing facility with soap and water all time is
not the same as the total number of schools.
Punjab The report submitted is illegible.
Tamil Nadu How could the State report saturation when
the number of schools where gender
segregated toilets are far less than the total
number of schools?
16. In addition to aforesaid, the Union’s affidavit as regards the
“ sanitary products and MHM corners ” states that the following
States/UTs have reported full coverage. However, having perused
the reports by the State/UTs, the following issues crop up:-
State/UTs Issue
Dadra & Nagar
The data in Column 5 and 7, respectively, does
not exhibit a clear picture as to the number of
schools where sanitary napkins are made
available to girl students and the manner
thereof.
Karnataka,
Haveli and
Daman & Diu
How could the State/UTs report full coverage
when the number of schools where sanitary
vending machines are installed, and the
Jammu &
Kashmir,
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Odisha,
Arunachal
number of schools where sanitary napkins are
provided, respectively, are far less than the
total number of schools?
Pradesh
17. Moreover, the affidavit also reports that these States/UTs have
reached saturation as regards installing disposal systems.
However, again, the following issues arise from the responses
provided by them.
State/UTs Issue
Bihar, Gujarat,
Delhi, Jharkhand,
How could the State/UTs report full coverage
when the number of schools having a disposal
system in place far less than the total number
of schools in the State/UTs? For Jammu &
Kashmir, Gujarat, UP, how could the data in
two columns dealing with disposal
mechanism differ?
Punjab The data is illegible.
Rajasthan, Uttar
Pradesh
18. One another aspect that we could notice is that the response of
many States as regards the process applied by the States/UTs for
compliance of the directions reflect issuing directions or circulars.
It is one thing to say that policy exists, it is another thing that it is
reaching the beneficiaries.
19. The aforesaid exercise had to be undertaken by the Union before
compiling the data, and placing the affidavit before us.
20. It is the petitioner’s submission that the compliance affidavit filed
by the Union of India does not disclose the number of cleaners
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appointed. We, prima facie , see some logic in this submission. In
this regard, the responses of some States also reveal that either no
cleaners have been appointed but schools are managing on their
own, or there are internal arrangements, or no response has come
forth by the States. We would like to know how the States/UTs are
complying with directions issued in Para 173(I) of the judgment,
more particularly, the maintenance of toilets in order to keep them
functional.
21. The right to education goes beyond enrolment to address
retention, more particularly, attention to reasons behind drop-outs
and absenteeism. Mere declaration is not going to serve the
purpose. The States/UTs shall not be lethargic in implementing
the changes meant for children with special needs. The authorities
shall be more vigilant towards such children. These children face
barriers that go beyond ordinary challenges of schooling. The
Union and all the States Governments have to act jointly in the
right direction to make the right to menstrual health more
meaningful. The progress may be slow but it shall be meaningful.
22. We are directing a change in the manner of collection of data and
reflection of responses thereto for the next cycle. To get a better
understanding of the situation on ground, the District Education
Officer shall form teams of teachers to conduct surprise
inspections across districts for all the schools within its
jurisdiction. The inspection shall be conducted to seek information
as regards our directions in Para 173 of the judgment.
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23. In addition to above, the States/UTs shall take the gaps
highlighted by us in the foregoing paragraphs into consideration
while reporting their next progress. The responses shall now
reflect the gaps instead of what has already been achieved. For
instance , the focus should be on the number of schools that lack
gender-segregated, functional toilets with usable water
connectivity, ensuring accessibility and privacy. While indicating
this gap, the States/UTs shall also identify the cause behind the
gap, and the time required to bridge the gap.
24. Interim application is disposed of in above terms.
25. W.P. No. 987 of 2026 is disposed of in terms of our judgment in the
main matter.
26. Post this matter on 29.09.2026.
……………………………..J.
(J.B. PARDIWALA)
……………………………..J.
(R. MAHADEVAN)
New Delhi
st
01 September 2026
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