Right to Menstrual Hygiene Is a Fundamental Right Under Article 21: Supreme Court’s Landmark Ruling Explained
Background of the Case The Supreme Court of India, in a significant rights-based judgment, has categorically held that the right to menstrual hygiene forms an intrinsic part of the right to life and dignity under Article 21 of the Constitution . The ruling was delivered by a Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan while deciding a writ petition seeking directions to the Union of India and States to ensure free sanitary pads and separate toilets for girl students (Classes 6 to 12) in government-aided schools. The Court expanded the scope of constitutional guarantees by linking menstrual health, dignity, equality, privacy, and access to education into a single enforceable rights framework. Core Constitutional Questions Before the Court The Bench framed and conclusively answered the following constitutional questions: Whether the absence of gender-segregated toilets violates Article 14 (Right to Equality) Whether denial of access to menstrual hygiene products v...