INTRODUCTION
Prisons are often viewed through the lens of security and punishment, leaving little room for discussions about the everyday needs of those living behind bars. Yet, for thousands of women incarcerated across India, access to basic menstrual hygiene remains a persistent challenges[1]. Menstruation is a natural biological process, but inadequate access to sanitary products, clean toilets, water, and privacy can transform it into a source of discomfort, humiliation, and health risks. This issue is not merely about sanitation or prison administration—it is fundamentally about dignity, equality, and the protection of basic human rights.
WHY MENSTRUAL HYGIENE IN PRISONS IS A LEGAL AND HUMAN RIGHTS ISSUE
The Indian Constitution guarantees every person the right to live with dignity under Article 21. The Supreme Court has consistently held that this right includes access to basic necessities and a healthy life, even for people in custody. In Maneka Gandhi v. Union of India[2], the Court established that the right to life and personal liberty under Article 21 is not limited to mere animal existence. It means living with human dignity and respect. In Francis Coralie v. Union Territory of Delhi[3], the Court further held that the right to life must include the bare necessities like adequate nutrition, clothing and shelter that allow a person to live with dignity.
The Supreme Court further reaffirmed in Sunil Batra v Delhi Administration[4] that imprisonment does not deprive a person of fundamental rights except to the extent necessarily restricted by law. The Court emphasised that prison administration must operate consistently with constitutional guarantees of dignity and humane treatment, reinforcing that prisoners continue to enjoy protection under Article 21.
The Court further laid down an important principle that a prisoner or detenu does not lose fundamental rights upon incarceration. All fundamental and legal rights continue to be available, except those that are incapable of enjoyment due to incarceration. For incarcerated women, this should mean access to clean water, sanitary products, and functioning toilets without shame or humiliation. When these are denied, the state violates their fundamental right to dignity. Menstrual hygiene is therefore not merely a matter of personal comfort but an essential component of the constitutional guarantee of living with dignity.
THE GROUND REALITY: REPORTS, CHALLENGES, AND SYSTEMIC GAPS
India has approximately 23,772 women prisoners, around 77 per cent of whom are between 18 and 50 years of age and therefore likely to menstruate[5]. Despite this, menstrual hygiene remains absent from most discussions about prisoners’ rights and dignity.
Moreover, an article by Himani Gupta and M. Sivakami examining menstrual hygiene conditions in a prison in Maharashtra, published in June 2023, revealed serious deficiencies in water, sanitation, and hygiene specifically related to menstrual management.[6]. This presents significant challenges for women, who need more water to maintain personal hygiene during menstruation.
Approximately fifty women were found sharing just two toilets, severely compromising hygiene and privacy. Inadequate and filthy facilities discouraged frequent use, which led to higher rates of urinary tract infections. Continuous water supply was lacking, forcing women to store water in whatever containers they could find.
The Commonwealth Human Rights Initiative has documented similar conditions across states. Their report, titled ‘Inside Haryana Prisons’, found that many women did not even know they were entitled to free sanitary napkins from prison authorities.[7]. Some relied on family members bringing products during visits, often feeling too embarrassed to ask when the visitor was a father or brother. Where sanitary napkins were supplied, they typically came through NGO donations of inconsistent quality. In Karnal district jail, it pointed to how women were not being provided sanitary napkins, which is a major item for personal hygiene. These shortcomings illustrate that menstrual hygiene remains an under-addressed issue within broader prison reform efforts.
THE EXISTING LEGAL FRAMEWORK: ARE CURRENT PROTECTIONS ENOUGH?
Indian constitutional values emphasise dignity, equality, and the right to life with dignity, which extend to persons in custody. Prison administration is also guided by various rules and manuals that recognise the need for appropriate healthcare and welfare measures for women inmates.
Existing welfare schemes like the Menstrual Hygiene Scheme of 2011[8] and the Pradhan Mantri Bharatiya Janaushadhi Pariyojana[9], which makes sanitary napkins available for as little as one rupee, do not extend to incarcerated women who cannot access them independently. Additionally, the Model Prison Manual of 2016 recommends adequate sanitation facilities and the free provision of sterilised sanitary pads as per their requirement.[10].
However, implementation frequently varies across institutions, and there is no uniform guarantee that every incarcerated woman will receive timely and adequate menstrual hygiene support. As a result, legal protections often exist in principle but fall short in practice.
The absence of uniform monitoring mechanisms, inadequate budgetary allocations, and varying administrative priorities across States contribute significantly to inconsistent implementation. Since prison administration falls within the State List under the Constitution, standards often differ across jurisdictions despite the existence of central guidelines. Without enforceable minimum standards and periodic inspections, these welfare measures remain largely dependent on individual prison administrations rather than legal obligation.
THE WAY FORWARD: TREATING MENSTRUAL HYGIENE AS A RIGHT
Improving menstrual hygiene management in prisons requires more than occasional distribution drives or welfare initiatives. Authorities should ensure a consistent supply of quality sanitary products, clean sanitation facilities, functional and private toilets in the female ward, proper waste disposal systems, and privacy for women inmates.
Parliament or the Ministry of Home Affairs should incorporate mandatory menstrual hygiene standards into the Model Prison Manual and require every State Prison Department to adopt them through binding prison rules. Periodic inspections by State Legal Services Authorities and State Human Rights Commissions should specifically assess menstrual hygiene facilities during prison visits. Non-compliance should be documented and corrective directions issued within prescribed timelines. Budgetary allocations for menstrual hygiene products and sanitation infrastructure should also be earmarked separately to ensure consistent implementation.
Training prison staff on menstrual health and adopting clear accountability measures can further strengthen implementation. Additionally, women medical officers must be recruited in far greater numbers so that female prisoners have access to gynaecological care and menstrual health education without depending on male staff. Most importantly, menstrual hygiene should be recognised as an integral aspect of the right to health and dignity rather than an act of charity or an optional welfare measure.
CONCLUSION
Dignity does not disappear at the prison gate. A woman does not lose her right to manage her body with basic hygiene and privacy simply because she is incarcerated. The Constitution guarantees the right to live with dignity to every person, and courts have repeatedly affirmed that this guarantee extends to prisoners.
Addressing menstrual hygiene in prisons is not a niche concern. It is a test of whether our justice system is willing to extend the basic values it claims to uphold to those most vulnerable within it. Recognising menstrual hygiene as a fundamental component of the right to dignity would mark an important step towards ensuring that incarceration does not strip women of their basic humanity.
Author(s) Name: Alankrita Kumar (ILS Law College, Pune)
References:
[1] Anju Anna John, ‘Period poverty in prisons: ensuring menstrual hygiene and dignity in India’ Penal Reform International (16 February 2021) <https://www.penalreform.org/blog/period-poverty-in-prisons-ensuring-menstrual-hygiene-and/> accessed 23 June 2026.
[2] Maneka Gandhi v Union of India (1978) 1 SCC 248.
[3] Francis Coralie Mullin v Administrator, Union Territory of Delhi (1981) 1 SCC 608.
[4] Sunil Batra v Delhi Administration (1979) 4 SCC 494.
[5] National Crime Records Bureau, Prison Statistics India 2022 (Ministry of Home Affairs 2023) <https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/psiyearwise2022/1701613297PSI2022ason01122023.pdf> accessed 23 June 2026.
[6] Himani Gupta and M Sivakami, ‘Menstrual Hygiene in Indian Prisons Explained’ (28 May 2024) The Hindu <https://www.thehindu.com/sci-tech/health/menstrual-hygiene-in-indian-prisons-explained/article68222812.ece >accessed 23 June 2026.
[7] Gaurav Vivek Bhatnagar, ‘Inside Haryana Prisons: Overcrowding, Inadequate Staff and Lack of Menstrual Products in Haryana Prisons: Study ’, The Wire (20 August 2019), < https://thewire.in/rights/overcrowding-inadequate-staff-and-lack-of-menstrual-products-in-haryana-prisons-study, > accessed 23 June 2026.
[8] Ministry of Health and Family Welfare, Operational Guidelines: Menstrual Hygiene Scheme (Government of India 2011).
[9] Department of Pharmaceuticals, Government of India, Pradhan Mantri Bharatiya Janaushadhi Pariyojana (7 March 2026) <https://static.pib.gov.in/WriteReadData/specificdocs/documents/2026/mar/doc202637814101.pdf > accessed 23 June 2026.
[10] Ministry of Home Affairs, Model Prison Manual 2016 (Government of India 2016) < https://www.mha.gov.in/sites/default/files/2025-04/PrisonManualA2016_20122024_2.pdf > accessed 23 June 2026.