Sustainability Is Act Of Care For Next Generation: Supreme Court Asks States To Move Towards Biodegradable Sanitary Napkins, Menstrual Cups
The Supreme Court was dealing with a matter relating to the compliance with the directions issued in the main judgment regarding menstruation awareness and free access to sanitary pads.
Justice J.B. Pardiwala, Justice R. Mahadevan, Supreme Court
While observing that sustainability is an act of care for the next generation, the Supreme Court has asked the States to slowly move towards biodegradable, cloth-based sanitary napkins or reusable sanitary napkins, menstrual cups, as well as period panties.
The Apex Court was dealing with a matter relating to compliance with the directions issued in the main judgment regarding menstruation awareness and free access to sanitary pads.
On January 30, 2026, the Bench issued directions to ensure free access to sanitary pads and separate toilets in all schools across the country.
The Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held, “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.”
“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 State”s/UTs Government to ensure that such sanitary napkins are safe and effective to use”, it added.
On a perusal of the response filed by the Union on the progress relating to toilet and washing facilities, disposal systems and covered bins, IEC activities and teacher sensitization, school inspection by DEO as well as the progress related to the availability of free sanitary napkins, the Bench stated, “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.”
The Bench highlighted the importance of the distribution of biodegradable compostable sanitary napkins owing to inadequate segregation at source, limited infrastructure for processing, and prevailing social and behavioral constraints when it comes to menstruation. The Bench thus asked the States/UTs to promote the use of reusable sanitary napkins by educating the girl children about the manner of use and precautions to be undertaken while using them.
The Bench was, however, discontent with the manner in which compliance was reported by the States. “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”, it stated.
The Bench asked the States/UTs to put on record the takeaways of the DEO from the inspections, and feedback of students collected. The Bench found some discrepancies in the responses filed by the States/UTs with regard to the functional toilets.
The Bench concluded the matter by ordering, “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.”
The matter has now been posted on September 29, 2026.
Cause Title: Jaya Thakur v. Government of India (Neutral Citation: 2026 INSC 994)