Supreme Court Demands Accountability from States Over Menstrual Hygiene Access
Supreme Court's Directive on Menstrual Hygiene Products
New Delhi: The Supreme Court has issued show-cause notices to the Chief Secretaries of all States and Union Territories, demanding explanations for their failure to submit reply affidavits or compliance reports in a Public Interest Litigation (PIL) aimed at enhancing access to affordable menstrual hygiene products.
A Bench led by Chief Justice of India (CJI) Surya Kant, along with Justices Joymala Bagchi and V. Mohana, observed that despite notifications sent to all states, none of the respondents had provided the necessary documents.
The CJI's Bench noted, "According to the Office Report, all States have been duly served. However, none of the Respondents have come forward with their reply affidavit(s)/compliance report(s)."
The apex court has mandated that show-cause notices be sent to the Chief Secretaries of all states and Union Territories, questioning why a penalty of Rs. 25,000 should not be imposed on each for their non-compliance.
The PIL, filed by advocate Filza Moonis, seeks to ensure that Jan Aushadhi Suvidha oxo-biodegradable sanitary napkins are made available through the Fair Price Shop network for ration card holders under the National Food Security Act, 2013.
The petitioner, a senior citizen and social activist, argues that the current Jan Aushadhi Kendras do not sufficiently reach rural and economically disadvantaged communities, while Fair Price Shops are widespread and already serve these populations.
As per the petition, there are 4,78,773 Fair Price Shops under the Public Distribution System compared to only 19,294 Jan Aushadhi Kendras as of April 14, 2026, indicating that the Fair Price Shop network is about 24 times larger.
The plea references data from the National Family Health Survey and other governmental sources to underscore the persistent gaps in access to menstrual hygiene products, especially among rural and economically disadvantaged adolescent girls.
Additionally, the petitioner highlighted the Jan Aushadhi Suvidha sanitary napkin initiative launched in 2018, which reduced the price of sanitary napkins to Re 1 per pad. The plea also cites the Supreme Court's ruling in Dr. Jaya Thakur v. Government of India, affirming the right to menstrual health as a fundamental aspect of the right to life under Article 21 of the Constitution.
The petition requests directions to integrate the distribution of affordable sanitary napkins with the Fair Price Shop network, invoking constitutional provisions such as Articles 14, 15(3), 21, 21A, and 47, along with obligations under the National Food Security Act. The Supreme Court had initially acknowledged the petition on July 14, with a return date set for September 7.