Supreme Court ruling on menstrual hygiene invites a broader reckoning with gender and dignity

Context & The Gist

The Supreme Court’s recent ruling recognizing menstrual hygiene as an integral part of the right to life under Article 21 has garnered significant attention. This decision comes in the wake of incidents highlighting the stigma and challenges faced by girls and women during menstruation, such as the strip search incident in Thane, Maharashtra. The core thesis of the article is that this ruling is not merely about providing sanitary pads and toilets; it represents a broader acknowledgment of women’s dignity and a call for a more holistic approach to women’s health throughout their lifespan.

Key Arguments & Nuances

• Right to Dignity & Equality: The Court’s ruling establishes that ensuring menstrual hygiene is a systemic obligation towards upholding the dignity and equality of girls and women.
• Addressing Systemic Bias: The article points out that policies often default to the male body as the norm, neglecting the specific needs and experiences of women.
• Fragmented Approach to Women’s Health: Women’s health is often addressed in isolated segments (menstruation, menopause) rather than as a continuum requiring a comprehensive health policy framework.
• Beyond Infrastructure: The ruling goes beyond simply providing infrastructure (toilets, pads) and emphasizes the need to address the stigma and societal norms surrounding menstruation.
• Implications for Education: The ruling directly addresses the issue of girls dropping out of school due to lack of menstrual hygiene facilities and the associated stigma.

UPSC Syllabus Relevance

• GS Paper 1: Social Issues – Issues relating to women, including their health and education.
• GS Paper 2: Polity and Governance – Constitutional provisions relating to fundamental rights (Article 21), government policies and interventions.
• GS Paper 2: Social Justice – Issues of gender equality, social inclusion, and vulnerable sections of society.

Prelims Data Bank

• Article 21: Right to Life and Personal Liberty – The SC linked menstrual hygiene to this fundamental right. This article guarantees individuals the right to live with dignity.
• NFHS-5 (National Family Health Survey-5): Reported that 77.3% of women aged 15-24 use hygienic methods for menstrual protection.
• Ministry of Education Directive (2021): Instructed schools to sensitize teachers and staff regarding menstruation and dispel harmful myths.
• Transgender Persons (Protection of Rights) Act, 2019: Highlights the broader issue of ensuring dignity and rights for marginalized groups.

Mains Critical Analysis

The Supreme Court ruling on menstrual hygiene is a landmark decision with far-reaching implications. A PESTLE analysis can help understand the multifaceted nature of this issue:

• Political: The ruling places a clear obligation on governments to implement the directives and ensure access to menstrual hygiene facilities. It also highlights the need for political will to address gender-specific health issues.
• Economic: Implementing the ruling requires budgetary allocation for sanitary pads, toilet construction, and disposal facilities. This can have economic implications for both central and state governments.
• Social: The ruling challenges deeply ingrained societal norms and stigmas surrounding menstruation. It promotes a more open and respectful dialogue about women’s health.
• Technological: Innovation in menstrual hygiene products (e.g., biodegradable pads, menstrual cups) can play a role in providing sustainable and affordable solutions.
• Legal: The ruling reinforces the importance of fundamental rights and the role of the judiciary in protecting the dignity of citizens.
• Environmental: Proper disposal of menstrual waste is a significant environmental concern. The ruling necessitates safe and hygienic disposal mechanisms.

A critical gap remains in translating the Court’s directives into effective implementation. States need to prioritize budgetary allocations, ensure accountability, and address the social stigma surrounding menstruation through awareness campaigns and education. The ruling also underscores the need for a broader, more integrated approach to women’s health, encompassing reproductive health, menopause, and other age-related health concerns.

Value Addition

• NALSA Judgment (2014): Recognized the “third gender” and affirmed the rights of transgender individuals, highlighting the broader struggle for dignity and equality.
• Committee Formation (Oct 2023): The SC formed an advisory committee to develop an equal opportunity policy for transgender individuals, demonstrating the judiciary’s proactive role in addressing discrimination.
• “Menstrual Poverty” : The SC highlighted this as a barrier to education, emphasizing the need for sustained policy and financial commitment.

Context & Linkages

This past article provides a detailed overview of the Supreme Court’s judgment, emphasizing its recognition of menstrual health and hygiene as a fundamental right under Article 21. It reinforces the current article’s focus on the need for functional toilets, sanitary products, and hygienic disposal mechanisms in schools. The previous article also highlights the persistent challenges in ensuring access to menstrual hygiene, despite improvements indicated by NFHS-5 data.

This article draws parallels between the challenges faced by women and transgender individuals in accessing basic rights and services. Both cases highlight the government’s failure to effectively implement existing laws and policies, and the judiciary’s role in holding the government accountable. The emphasis on dignity and equality in both contexts underscores the importance of inclusive policies and a rights-based approach to social justice.

The Way Forward

• Prioritize Budgetary Allocation: States and Union Territories must allocate sufficient funds for implementing the Court’s directives.
• Awareness Campaigns: Launch comprehensive awareness campaigns to dispel myths and stigmas surrounding menstruation.
• Teacher Training: Provide training to teachers and school staff on menstrual hygiene management and gender sensitivity.
• Infrastructure Development: Ensure the construction and maintenance of gender-segregated toilets and safe disposal facilities in all schools.
• Promote Sustainable Solutions: Encourage the use of eco-friendly and affordable menstrual hygiene products.
• Holistic Women’s Health Policy: Develop a comprehensive health policy framework that addresses women’s health needs throughout their lifespan.