India's Supreme Court Makes Menstrual Hygiene a Fundamental Right: A Victory for Dignity and Equality

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In a landmark ruling, the Supreme Court of India has declared menstrual hygiene a fundamental right, emphasizing that access to essential facilities and products is inseparable from the constitutional right to life. The court's decision, issued on Friday, underscores the importance of treating menstruation as a natural biological process that requires dignity, privacy, and autonomy. The court directed the Union government to formulate a comprehensive national policy on menstrual hygiene management, focusing on adolescent girls and addressing access to sanitary products, functional toilets, water, and safe disposal mechanisms. This policy will be a crucial step towards ensuring that every school in the country provides a safe and inclusive environment for girls. The bench stressed that menstrual hygiene management is not merely a sanitation concern but also concerns a girl's autonomy over her body and her ability to manage a natural process in privacy and with dignity. The court emphasized that resource constraints cannot justify the denial of dignity and that the right to life includes the right to safe, private, and autonomous menstrual care. The court's order applies to all schools, whether private or state-run, and requires them to ensure adequate toilets, sanitary napkins, water, soap for handwashing, and spare uniforms for all girl students. Additionally, the court directed states and Union territories to conduct awareness and sensitization programs for boys, teachers, and school staff to dismantle stigma around menstruation. The court also emphasized the importance of inclusivity and intersectionality, taking into account the needs of girls from marginalized communities, children with disabilities, and those living in remote or resource-poor settings. The bench warned that mere existence of schemes does not meet constitutional requirements and called for accountability and monitoring mechanisms to ensure compliance. This landmark judgment has been hailed as a victory for dignity and equality, and its impact will be felt across the country. The court's message is clear: menstrual hygiene is a fundamental right, and every girl deserves to be treated with dignity and respect.