Context & The Gist
The Supreme Court’s recent judgment recognizing access to menstrual health and hygiene as a fundamental right under Article 21 is gaining attention. This stems from the recognition that lack of access to menstrual products, sanitation, and hygiene impacts dignity and bodily autonomy, particularly for girls, hindering their education and overall development. The court has directed states and UTs to ensure functional, gender-segregated toilets in schools and has warned of punitive action for non-compliance.
Key Arguments & Nuances
- Fundamental Right Linkage: The court directly links menstrual hygiene to the fundamental right to life and dignity (Article 21), elevating it beyond a welfare issue.
- Menstrual Poverty: The judgment identifies ‘menstrual poverty’ – the inability to afford or access menstrual products and sanitation – as a significant barrier to education and equality.
- Gendered Equity: The issue is framed as a clear case of gendered inequity, highlighting the disproportionate impact on girls and women.
- State Accountability: The court places the onus on the state to provide access and address the stigma associated with menstruation.
- Implementation Gap: Despite initiatives like the Swachh Bharat Abhiyan, implementation of menstrual hygiene management guidelines has been patchy and lacks sustained commitment.
UPSC Syllabus Relevance
- Polity: Fundamental Rights (Article 21), Directive Principles of State Policy (related to public health and welfare).
- Governance: Government schemes for women’s health and sanitation, issues of implementation and accountability.
- Social Issues: Gender inequality, public health, social stigma, and women’s empowerment.
Prelims Data Bank
- Article 21: Right to Life and Personal Liberty – The SC linked menstrual hygiene to this fundamental right.
- NFHS-5 (2019-21): 77.3% of women aged 15-24 years use hygienic methods during menstruation (up from 57.6% in NFHS-4).
- Swachh Bharat Abhiyan: A national campaign focused on sanitation, including guidelines for menstrual hygiene management.
- The Pad Project: An NGO that inspired the quote used by the judges: “A period should end a sentence, not a girl’s education.”
Mains Critical Analysis
The Supreme Court’s judgment is a landmark step towards recognizing menstrual hygiene as a non-negotiable aspect of human dignity and equality. However, translating this judgment into tangible change requires a multi-pronged approach.
Political (P)
The judgment necessitates strong political will at both the central and state levels to prioritize menstrual hygiene. This includes budgetary allocations, policy implementation, and monitoring mechanisms. Political commitment is crucial to overcome bureaucratic hurdles and ensure sustained action.
Economic (E)
Addressing ‘menstrual poverty’ requires affordable access to sanitary products. This could involve subsidies, tax exemptions, or promoting local production of low-cost alternatives. Economic empowerment of women is also linked to their ability to afford menstrual hygiene products.
Social (S)
Breaking the stigma surrounding menstruation is paramount. This requires comprehensive awareness campaigns, education in schools, and challenging societal norms. Community engagement and involvement of local leaders are essential for changing attitudes.
Technological (T)
Innovation in menstrual hygiene products, such as biodegradable and reusable options, can contribute to sustainability and affordability. Technology can also play a role in monitoring access to sanitation facilities and tracking the impact of interventions.
Legal (L)
The court’s directive for functional toilets and punitive action for non-compliance provides a legal framework for accountability. Effective enforcement of these provisions is crucial to ensure that schools and authorities prioritize menstrual hygiene.
Environmental (E)
Sustainable disposal of menstrual waste is a significant environmental concern. Promoting eco-friendly products and establishing proper waste management systems are essential. This includes raising awareness about the environmental impact of disposable sanitary products.
Value Addition
- National Menstrual Hygiene Management Strategy (2022): Launched by the Ministry of Health and Family Welfare, aiming to promote menstrual hygiene across the country.
- SC Judgment - Municipal Corporation of Greater Mumbai v. Anita Foundation (2023): This case highlighted the importance of providing menstrual hygiene products to women in shelters and public spaces.
- Kerala’s She-Toilet Initiative: Kerala has been a pioneer in providing safe and hygienic toilets for women in public spaces.
The Way Forward
- Dedicated Budgetary Allocation: Allocate specific funds for menstrual hygiene management at both national and state levels.
- Strengthen Monitoring Mechanisms: Establish robust monitoring systems to track the implementation of the court’s directives and the effectiveness of existing schemes.
- Awareness Campaigns: Launch comprehensive awareness campaigns to break the stigma surrounding menstruation and promote healthy practices.
- Promote Local Production: Encourage local production of affordable and sustainable menstrual hygiene products.
- Community Involvement: Engage local communities and NGOs in the implementation of menstrual hygiene programs.