Right to menstrual health part of right to life under Article 21: Supreme Court

The Supreme Court on Friday issued a landmark ruling recognising the right to menstrual hygiene and access to menstrual hygiene products as a part of the right to life under Article 21 of the Constitution of India.

The Bench of Justices JB Pardiwala and R Mahadevan passed the ruling in a case concerning the pan-India implementation of the Centre's policy 'Menstrual Hygiene Policy for School-going Girls' in government and government-aided schools.

"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 right to a healthy reproductive life embraces the right to access education and information about sexual health. The right to equality is expressed through the right to participate on equal terms. At the same time, equality of opportunity necessitates that everyone has a fair chance to acquire the skills necessary to access benefits," the Court ruled.

In this case, the Court was called upon to answer whether the unavailability of gender-segregated toilets and non-access to menstrual absorbents is a violation of the right to education.

The Court has now held that inaccessibility to menstrual hygiene measures would amount to a violation of 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. Privacy is inextricably linked with dignity. As a corollary, the right to privacy entails a duty on the State not only to refrain from violating privacy, but also an accompanying obligation to take necessary measures to protect the privacy of an individual," it held.

The Court added that today's judgment is meant to encourage girl students, teachers and parents to recognise and assert the right to menstrual hygiene facilities.

"It is meant for the classroom, where girls hesitate to ask for help. It is for the teachers who want to help but are restrained due to a lack of resources. It is for the parents who may not realise the impact of their silence, and for society, to establish that progress is measured by how we protect the most vulnerable. We wish to communicate to every girl child who may have become a victim of absenteeism because her body was perceived as a burden, that the fault is not hers. These words must travel beyond the courtroom and law review reports, and reach the everyday conscience of society at large," the Court said.

[Live Coverage]