Supreme Court Declares Right to Menstrual Health and Hygiene a Fundamental Right Under Article 21
In a landmark judgment, the Supreme Court of India has encapsulated the right to menstrual health and hygiene within the fundamental right to life and dignity under Article 21 of the Constitution. The Court emphasized that autonomy for girl children requires access to functional toilets, menstrual products, and hygienic disposal mechanisms. Terming the lack of access as 'menstrual poverty,' the Bench directed States and Union Territories to ensure gender-segregated toilets in all schools. This ruling aims to address the gendered lack of equity and high dropout rates among adolescent girls in government and private schools.
Key Points
- Menstrual hygiene is now legally recognized as part of the Right to Life under Article 21.
- The Court mandated that every school must have functional, gender-segregated toilets and adequate menstrual products.
- NFHS-5 data shows that while hygienic methods usage rose to 77.3%, a quarter of eligible women still lack support.
- The judgment shifts the onus to the state to remove the stigma, stereotyping, and humiliation associated with menstruation.
Exam Facts
- Constitutional Article: Article 21.
- NFHS-5 data: 77.3% of women (15-24 years) use hygienic methods.
- NFHS-4 data: 57.6%.
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