THE FUNDAMENTAL RIGHT TO MENSTRUAL HEALTH: A CONSTITUTIONAL RECOGNITION

Abstract

The Supreme Court in its landmark judgment in Dr. Jaya Thakur v. Government of India held that menstrual health is an indispensable aspect of Right to Life and Personal Liberty under Articles 21 Constitution of India. The judgment delivered by a two-judge Bench, affirmed that menstrual hygiene is an essential component of menstrual health, and the latter cannot be realised unless effective measures are taken to meet the former. This case note examines the constitutional reasoning adopted by the Honourable Court and particularly how the Court interpreted the right to menstrual health as an integral facet of the rights to life, equality and free and compulsory education under Articles 21, 14 and 21A, respectively. It further examines how the principles evolved in the Supreme Court’s earlier jurisprudence on the rights to life and free and compulsory education informed the Court’s recognition of the right to menstrual health and hygiene. The note argues that while the judgment marks a significant advancement in the protection and recognition of rights of the young girls, bridging the gap between judicial intent and effective implementation at the grassroots level remains a critical issue in Indian society. By critically evaluating the principles laid down in the judgment and its contribution to the Indian jurisprudence, this case note highlights the dire need to strengthen Menstrual Health Management (MHM) in schools for girl children.