MENSTRUAL HEALTH, NOW A FUNDAMENTAL RIGHT

In a landmark judgement, the Supreme Court has recognised menstrual health and hygiene as a fundamental right under Article 21 of the Constitution of India, which guarantees the right to life and dignity.

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"[Bodily] Autonomy can be meaningfully exercised only when girl children have access to functional toilets, adequate menstrual products, availability of water, and hygienic mechanisms for disposal," the apex court observed, directing states and Union Territories to ensure that every school has functional, gender-segregated toilets and providing for punitive action in cases of noncompliance. The petitioner, JAYA THAKUR, also a medical practitioner, and experts PUJA MARWAHA and KAVYA MENON outline the judgement's implications and pathways for effective implementation.

"This petition is my effort to support both health and education"

- JAYA THAKUR, PETITIONER, MEDICAL PRACTITIONER BASED IN DELHI

As a medical practitioner, I run health camps in rural areas, where I have seen that poor hygiene is a leading cause of disease. This is especially true for women. In many communities, cultural norms restrict their mobility and bar them from leaving the house, making something as basic as buying sanitary pads difficult. Some rely on male relatives—father or brother—to run this errand for them; others, unable to ask, resort to using cloth that is often unclean, let alone sterilised. The result is infection.

The problem is exacerbated by stigma around safe sanitation practices. It is unfortunate that even today, families readily spend large sums on weddings yet often do not build toilets. Although, for some families, a toilet can be a luxury.

There is also a reluctance to seek medical help. Women or adolescent girls struggle to discuss any problems related to menstruation health and infection with their parents or families. Medical help is sought late when illness is advanced or the pain becomes unbearable. At this point, even doctors are helpless.