Menstrual Health Fundamental Right under Article 21: SC

Syllabus: GS2/Polity and Governance

Context

• In Dr. Jaya Thakur v. Union of India, the Supreme Court has ruled that the right to menstrual hygiene is an integral part of the right to life under Article 21 of the Constitution.

Key Highlights of Judicial Intervention

• Fundamental Right: Menstrual health is now legally recognized as an essential facet of the Right to Life (Art. 21) and the Right to Education (Art. 21A).
  • Also, inaccessibility of menstrual hygiene measures strips away the right to participate on equal terms in schools (Article 14).
• Free Bio-degradable Pads: All government and private schools must provide free bio-degradable sanitary napkins to girl students (Classes 6–12).
• Mandatory Infrastructure: Schools must have functional, gender-segregated toilets with water connectivity. Non-compliance can lead to the de-recognition of private schools.
• Stigma Reduction: The court mandated NCERT to incorporate gender-responsive curricula to educate both boys and girls, breaking the “hushed whispers” culture.

Article 21 of Constitution

• Article 21 is part of the Fundamental Rights, Part III of the Constitution. It is guaranteed to all persons, citizens and non-citizens alike.
  • No person shall be deprived of his life or personal liberty except according to procedure established by law.
  • It places a restriction on the state from arbitrarily interfering with a person’s life and liberty.
• Expanded scope through Supreme Court judgments: Over time, courts have interpreted it to also impose positive obligations on the state to ensure a dignified life.
  • Right to live with human dignity;
  • Right to privacy (Puttaswamy, 2017);
  • Right to livelihood (Olga Tellis);
  • Right to health and medical care;
  • Right to clean environment;
  • Right to legal aid and speedy trial;
  • Right to education (later made explicit via Article 21A);
  • Protection against custodial torture;
  • Right to sleep, shelter and food.

Source: AIR