Menstrual Health: Right Under Article 21

Menstrual Health Declared Fundamental Right Under Article 21

Why in the News ?

The Supreme Court of India has held that menstrual health and hygiene form an integral part of the right to life and dignity under Article 21, directing States and Union Territories to ensure free biodegradable sanitary pads and adequate facilities in all schools.

Supreme Court’s Ruling and Key Directions:

• The Court declared menstrual hygiene management (MHM) to be inseparable from the fundamental right to life, dignity, privacy, and bodily autonomy.
• A Bench of Justices J.B. Pardiwala and R. Mahadevan observed that lack of MHM facilities subjects girls to stigma, humiliation, and exclusion.
• All government and private schools, in urban and rural areas, must provide free oxo-biodegradable sanitary napkins to adolescent girls.
• Schools were directed to ensure functional, hygienic, gender-segregated toilets, preferably with sanitary napkin vending machines inside toilet premises.
• Non-compliance by private schools may lead to de-recognition, while States will be held accountable for lapses in government schools.
• Impact on Education, Dignity and Gender Equality
• The Court noted that absence of menstrual facilities forces girls into absenteeism or unsafe practices, undermining health and education outcomes.
• Menstrual poverty creates a gender-specific barrier, violating the principle of substantive equality in access to education.
• Denial of MHM facilities violates the right to privacy and bodily autonomy, compelling girls to manage menstruation based on circumstances, not choice.
• The Court stressed that a child cannot be forced to choose between dignity and education, calling such a choice unjust and inequitable.
• Schools were directed to establish ‘MHM corners’ with spare uniforms, innerwear, disposable bags, and water facilities to address menstruation-related emergencies.