Supreme Court Judgment on Menstrual Health
The recent Supreme Court judgment has recognized the right to menstrual health and hygiene as a fundamental right under Article 21 of the Indian Constitution. This significant decision aims to address menstrual health issues, emphasizing dignity and bodily autonomy.
Key Highlights of the Judgment
- The judgment was delivered by a Bench of Justices J.B. Pardiwala and R. Mahadevan.
- The Court emphasized the need for functional toilets, adequate menstrual products, and hygienic disposal mechanisms to ensure autonomy for menstruating girls.
- The focus is on removing the stigma, stereotyping, and humiliation faced by girls lacking these facilities, identified as ‘menstrual poverty’.
- The Court mandated States and Union Territories to ensure that every school has functional, gender-segregated toilets, with punitive measures for non-compliance, including derecognition of private schools.
Current Scenario and Data
- The National Family Health Survey (NFHS)-5 indicates a rise in the use of hygienic menstrual methods from 57.6% in NFHS-4 to 77.3% in NFHS-5, yet nearly 25% of women remain unsupported.
- The Ministry of Drinking Water and Sanitation has guidelines for menstrual hygiene awareness in rural areas, but implementation is inconsistent and lacks sustained effort.
Recommendations and Conclusion
- Efforts by non-governmental organizations have been fragmented and require larger-scale intervention to eliminate stigma.
- Commitment from a policy and financial perspective is essential to ensure menstrual hygiene and empower women and girls to reach their full potential.
- Inspired by The Pad Project's motto, the judgment reinforces that “A period should end a sentence, not a girl’s education.”
