New Delhi: The Supreme Court has pulled up States and Union Territories for staying silent on how they are carrying out its ruling on menstrual hygiene in schools. A Bench of Justices J.B. Pardiwala and R. Mahadevan said most of them had not even replied to the Centre, and warned that the chief secretaries of those still silent at the next hearing could face contempt notices.
The remarks came while the court was tracking compliance with its judgment of 30 January 2026, which held that the right to life under Article 21 of the Constitution includes the right to menstrual health. The Hindu, India Today, Deccan Herald and CNBC TV18 carried the Press Trust of India report of the order on 18 October 2026. It records a hearing held on 13 October.
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What the Supreme Court said on menstrual hygiene
The judges did not hide their frustration. “If what we have said in the judgment is only going to remain on paper, how are the Union and states/UTs going to give effect to this fundamental right?” the Bench asked, as quoted by The Hindu.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, told the court that the Union government had taken up the matter very seriously and had written to every State and Union Territory asking how the judgment was being put into practice. The replies, however, had not come.
“Unfortunately, the states/UTs have not responded to the Union so far. We fail to understand that once the Union calls for the necessary information, why do the states/UTs not respond?” the Bench said. It added that it was sure the Union and the States had realised the importance of the ruling, which declared menstrual hygiene a part of the fundamental right.
One last chance before contempt notices
The court gave the States and Union Territories one final opportunity. It directed the Centre to take up the issue again with each of them and to ask, in writing, what steps they had taken so far. The Centre was also told to study the judgment once more and seek information on every aspect it covers, rather than a general status line.
The warning that followed was blunt. “On the next date of hearing, if we hear from the Union that some of the states/UTs have not responded, we shall proceed to issue a contempt notice to the concerned chief secretary,” the Bench said. The matter will be heard next on 14 December.
What the January judgment requires from schools
The original ruling came on a plea seeking nationwide rollout of the Centre’s menstrual hygiene policy for schoolgoing girls in government and government aided schools from Classes 6 to 12. The court went further than the policy itself and laid down clear duties for all schools, according to the PTI report.
- Every school, whether run by the government or privately managed, in cities and villages alike, must have working, separate toilets for girls and boys with a usable water connection.
- Every school must give sanitary napkins to girl students free of cost.
- States and Union Territories are responsible for putting these directions into effect on the ground.
The New Indian Express, in its own account, also listed safe disposal arrangements and menstrual health education among the steps the January ruling expects. The court has framed all of this as a matter of rights, not welfare.
Toilets built so far, and the gaps that remain
On 1 September the Bench had asked the States and Union Territories to look at the shortcomings it had flagged and report back. That order told authorities to focus on how many schools still lack separate, functional toilets for girls and boys with water, and to make sure these facilities are accessible and private.
At that stage the Centre told the court that 30,458 separate toilets with washing facilities had been built in schools across the country, while 4,236 more were under construction. Those numbers show progress, but the court’s latest order makes clear that a national count is not the same as proof that every State has acted on every direction.
Why the court is pushing so hard
The Bench said its verdict was meant to help young girls who were giving up school, particularly in remote parts of India, because of problems linked to menstrual hygiene. A missing toilet door, a dry tap or the cost of pads can turn a few days each month into lost classes, and lost classes often add up to a girl leaving school altogether.
That link between dignity and education runs through many public efforts for girls. Our feature on the International Day of the Girl Child looks at why the day matters. Readers tracking official support can also see our guide to top government schemes for women in India and our explainer on the CBSE merit scholarship for a single girl child.
What happens next
Between now and 14 December, the Centre has to go back to every State and Union Territory with a detailed questionnaire based on the judgment and collect written answers. Any government that fails to reply risks having its chief secretary served with a contempt notice, which would mark a sharp escalation in a case so far handled through reminders.
For parents and teachers, the order is a reminder that free sanitary napkins and working, separate toilets in schools are now legal duties backed by the Supreme Court. Whether that promise reaches classrooms in hill districts and remote villages will depend on what the States put on record in December.
FAQ
What did the Supreme Court warn the States about?
It said chief secretaries of States and Union Territories that still fail to reply to the Centre on implementing its menstrual hygiene judgment may face contempt notices at the next hearing.
When is the next hearing?
The matter is listed for 14 December 2026.
What must schools provide under the ruling?
Working, separate toilets for girls and boys with water, and free sanitary napkins for girl students, in both government and private schools.
Sources
- The Hindu (PTI), 18 October 2026: Bench of Justices J.B. Pardiwala and R. Mahadevan; quotes on the judgment remaining on paper and on States not responding; hearing of 13 October; 14 December listing; toilet figures.
- India Today (PTI), 18 October 2026: final opportunity to States and Union Territories; contempt warning to chief secretaries; 1 September order; January directions on toilets and free sanitary napkins.
- Deccan Herald (PTI), 18 October 2026: Centre asked to study the verdict again and seek information on each aspect; contempt warning.
- CNBC TV18 (PTI), 18 October 2026: Additional Solicitor General Aishwarya Bhati for the Centre; Article 21 framing; cross check of key points.
- The New Indian Express, 18 October 2026: separate report of the hearing; safe disposal and menstrual health education among January directions.