Menstrual Health Recognised as Fundamental Right

In a landmark ruling, the Supreme Court has held that menstrual health forms part of the right to dignity and merits constitutional protection. The judgement marks a decisive step towards addressing “period poverty” in India and reframes menstrual health as a matter of equality and public policy rather than welfare alone.

The court observed that despite improvements in toilet construction and household tap connections, these inputs have not translated into the effective elimination of menstrual deprivation. Access remains uneven and many facilities are non-functional, exposing gaps between policy intent and ground realities.

Gaps in Implementation and Governance

The ruling flagged serious implementation deficits. Ten states and eight Union Territories reportedly failed to respond to directions issued three years ago regarding menstrual hygiene management policies under key ministries, including drinking water and sanitation, women and child development, and education.

This lack of reporting indicates that menstrual health has not received adequate administrative priority. The court clarified that even though menstruation directly affects only part of the population, the right to dignified menstrual health warrants constitutional safeguards.

Health Implications and Underdiagnosed Conditions

Poor menstrual management has direct consequences for health, education, mobility and livelihoods. Conditions such as premenstrual syndrome (PMS), premenstrual dysphoric disorder (PMDD) and endometriosis remain widely underdiagnosed, affecting quality of life and fertility.

A health-systems approach requires normalising menstrual awareness so individuals can distinguish between healthy cycles and symptoms requiring medical attention. The ruling underscores that equality demands sustained state action, not symbolic recognition.

Education, Environment and Gender Lens

Gender-inclusive menstrual education for all students is seen as essential to dismantle stigma and foster informed choices. Responsible education must include accurate information on both disposable and reusable menstrual products, their use and limitations.

Environmental sustainability is another critical pillar. Reusable options such as cloth pads, menstrual cups and period underwear reduce waste and recurring costs when supported by adequate water and privacy infrastructure. Quality benchmarks introduced by the Bureau of Indian Standards for reusable products add a regulatory safeguard.

Important Facts for Exams

• Article 21 of the Constitution guarantees the right to life and dignity.
• The Rashtriya Kishor Swasthya Karyakram focuses on adolescent health issues.
• Menstrual hygiene management is linked to Sustainable Development Goals on health, gender equality and sanitation.
• The Bureau of Indian Standards sets quality norms for consumer products.

Need for Civil Society Collaboration

The court acknowledged that much progress in menstrual health has been driven by civil society initiatives. Translating constitutional intent into everyday dignity will require structured collaboration between governments and non-profits, supported by clear accountability and monitoring mechanisms.