Article 21 Expansion
Supreme Court on Menstrual Hygiene: Article 21 Expansion
The Supreme Court in Dr. Jaya Thakur v. Government of India & Ors., W.P. (C) No. 1000 of 2022 recognized menstrual health and hygiene as integral to the right to life under Article 21, evolving "life" beyond animal existence to include dignity, health, and self-respect amid changing social realities.
Constitutional Basis
• Article 21: Core anchor—right to live with dignity encompasses menstrual needs, addressing neglect in schools where inadequate facilities cause absenteeism, academic dropouts.
• Article 15(3): Supports state provisions for women, elevating menstruation from taboo/welfare to fundamental right.
• Judicial Evolution: Builds on 2023 emphasis that states must prioritize menstrual health implementation over uneven schemes.
Societal Impact
Menstruation's silence in public institutions leads to irregular attendance for girls—lacking toilets, privacy, sanitary products, and stigma-free access escalates to education discontinuation.