In a landmark judgment towards ensuring women’s health in India, the Supreme Court on Friday (Jan 30) declared menstrual hygiene a fundamental right as an integral part of the Right to Life and the Right to Privacy under Article 21 of the Constitution. The apex court directed all states and union territories to ensure that girl students in private and government schools are provided biodegradable menstrual sanitary pads for free.
The top court has issued a series of binding orders to states, Union Territories and schools to ensure dignity, health and equality for girls and women. A bench of Justices JB Pardiwala and R Mahadevan pronounced the judgment on a plea seeking free sanitary pads and adequate sanitation facilities for the schoolgirls.
“Before parting with the issue, we want to say that this pronouncement is not just for stakeholders of the legal system. It is also meant for classrooms where girls hesitate to ask for help. It is for teachers who want to help but are not able to due to the lack of resources. Progress is measured by how we protect the vulnerable”, Justice Pardiwala underlined before parting with the judgment.
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The Court directed the pan-India implementation of the Union’s national policy, ‘Menstrual Hygiene Policy for School-going Girls’ in schools for adolescent girl children from Classes 6-12. The two-judge bench also issued directions to ensure that schools are equipped with functional and hygienic gender-segregated toilets.
What is Article 21?
Article 21 is the bedrock of the Indian Constitution, guaranteeing that no person shall be deprived of their life or personal liberty except through a fair legal procedure. Beyond mere survival, the Supreme Court interprets this right as the “right to live with human dignity,” a broad umbrella that now includes health, privacy, and menstrual hygiene. By anchoring these essentials in Article 21, the judiciary ensures that the state cannot infringe upon the fundamental dignity required for a meaningful life.