The Supreme Court has included the right to menstrual health and hygiene as a fundamental right under Article 21 of the Constitution.
The Court's judgment emphasizes providing functional toilets, menstrual products, water, and disposal mechanisms to ensure bodily autonomy for girls.
The Court termed the lack of access to menstrual products and facilities as 'menstrual poverty', which hinders girls' education.
States and UTs must ensure functional, gender-segregated toilets in every school, with punitive action for non-compliance, including derecognition for private schools.
Detailed Insights:
The judgment addresses the gendered inequity leading to a lack of access to healthcare products, clean water, and toilets during menstruation.
While NFHS-5 data indicates that 77.3% of women aged 15-24 use hygienic methods during menstruation, nearly a quarter still lack support.
The Swachh Bharat Abhiyan has developed guidelines for menstrual hygiene management, but implementation in rural areas has been inconsistent.
The Court's intervention provides an opportunity to erase the stigma around menstruation through policy and financial commitment, enabling girls and women to achieve their full potential.
Key Concepts Involved:
Article 21: Guarantees the right to life and personal liberty, now expanded to include menstrual health and hygiene.
Menstrual Poverty: Lack of access to sanitary products, hygiene facilities, and menstrual health education.
Bodily Autonomy: The right of individuals to control their own bodies and make decisions about their health and well-being.