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Legal Review and Analysis of Dr Jaya Thakur vs Government of India & Ors 2026 INSC 97

Synopsis

The judgment addresses the critical intersection of menstrual hygiene management (MHM), the right to education, and human dignity. It originates from a Public Interest Litigation (PIL) seeking mandatory provision of free sanitary pads and separate toilets for girl students in government-aided and residential schools. The core concept established is that menstrual health is not merely a biological or medical issue but a fundamental human right essential for the effective realization of the right to education under Article 21A and the right to live with dignity under Article 21.


1. Basic Information of the Judgment

  • Case Name: Dr. Jaya Thakur vs. Government of India & Ors.

  • Citation: 2026 INSC 97

  • Writ Petition: W.P. (C) No. 1000 of 2022

  • Coram: Hon'ble Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice R. Mahadevan

  • Type of Bench: Division Bench

2. Legal Framework and Relevant Precedents


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