Menstrual hygiene is a fundamental right under Article 21, rules SC

The Supreme Court has ruled that access to menstrual hygiene products and facilities is part of the right to life under Article 21, saying lack of access harms the dignity of girl children

The Supreme Court on Friday delivered a landmark judgment, holding that the right to menstrual hygiene and access to menstrual hygiene products is part of the right to life under Article 21 of the Constitution, Bar and Bench reported.

 

A Bench comprising Justices J B Pardiwala and R Mahadevan passed the order while hearing a case related to the nationwide implementation of the Centre’s 'Menstrual hygiene policy for school-going girls'.

 

The case focused on government and government-aided schools, and examined whether the lack of proper menstrual hygiene facilities violates the fundamental rights of girl students.

 

Menstrual health included under Article 21

 

In its judgment, the top court made it clear that menstrual health is covered under the right to life guaranteed by the Constitution.

 

 

"The right to life under Article 21 of the Constitution includes the right to menstrual health. Access to safe, effective, and affordable menstrual hygiene management measures helps a girl child attain the highest standard of sexual and reproductive health...," the court ruled.

 

The Bench said that access to menstrual hygiene products and facilities is essential for the physical health and overall well-being of girl children.   

 

Is lack of facilities a violation of education rights?

 

One of the key questions before the apex court was whether the absence of gender-segregated toilets and menstrual absorbents amounts to a violation of the right to education, the news report said.

 

The court examined how poor infrastructure and lack of basic facilities can force girls to miss school or drop out altogether, affecting their education and future opportunities.

 

The top court held that denying access to menstrual hygiene measures directly affects the dignity of girl children. "The inaccessibility of menstrual hygiene management measures undermines the dignity of a girl child, as dignity finds expression in conditions that enable individuals to live without humiliation, exclusion, or avoidable suffering...," the court stated.

 

The judgment emphasised that dignity is a fundamental value of the Constitution and must be protected, particularly for children.

 

Judgment aims to empower students and parents

 

The top court said that the ruling should act as a tool of awareness and empowerment. It encouraged girl students, teachers, and parents to recognise menstrual hygiene as a legal right and to demand proper facilities in schools, the news report said.

 

According to the Bench, ensuring access to menstrual hygiene products and safe sanitation is essential to create an inclusive and supportive learning environment for girls.