Menstrual Hygiene as a Fundamental Right

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News: The Supreme Court delivered a landmark judgment while hearing a case on nationwide implementation of the Centre’s menstrual hygiene policy for school-going girls.

About Menstrual Hygiene as a Fundamental Right

Menstrual Hygiene as a Fundamental Right
Source – HT
  • The Supreme Court held that the right to menstrual hygiene and access to related products is part of the right to life under Article 21.
  • Case Background: The judgment was delivered by a Bench of Justices J. B. Pardiwala and R. Mahadevan during a hearing related to menstrual hygiene in schools.
  • Supreme Court Observation
    • Article 21 (Dignity and Privacy): The Court ruled that dignity cannot remain an abstract idea and must include conditions that prevent humiliation, exclusion, and avoidable suffering.
      • Forcing girls to choose between education and menstruation violates the right to live with dignity.
    • Article 14 (Substantive Equality): The SC observed that equal treatment without addressing existing disadvantages perpetuates inequality.
      • The absence of menstrual hygiene facilities converts a biological reality into structural exclusion.
    • Article 21A (Right to Education): Lack of menstrual hygiene facilities acts as an infrastructural barrier to education.
      • Removing this barrier is necessary to make education truly free, compulsory, and accessible.
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