SC: Menstrual Health in Schools a Fundamental Right Under Article 21
Supreme Court declares menstrual health a fundamental right, directs schools to provide sanitary napkins.
Photo by Jon Tyson
Key Facts
Right to menstrual health: Part of Article 21
Schools must provide: Functional, gender-segregated toilets
Sanitary napkins: Free access in schools
UPSC Exam Angles
GS Paper II: Social Justice, Health, Education
GS Paper I: Social issues related to women
Constitutional provisions related to right to life and dignity
Government schemes and policies related to women's health and education
Visual Insights
Menstrual Health in India: Key Statistics and Exam Relevance
Key statistics related to menstrual health and hygiene in India, highlighting the importance of the Supreme Court's recent decision.
- Percentage of Girls Absent from School During Menstruation
- 23%
- Percentage of Women Using Sanitary Methods of Menstrual Protection
- 77.5%+19.7%
- Estimated Number of Girls and Women Affected by Menstrual Poverty
- 120 Million
High absenteeism impacts girls' education and overall development. The SC ruling aims to address this.
Increased awareness and access to sanitary products are crucial. This figure reflects progress but also highlights the need for further improvement.
Menstrual poverty hinders access to education, health, and economic opportunities. The SC ruling seeks to alleviate this.
More Information
Background
The recognition of menstrual health as a fundamental right is a relatively recent development, although the underlying issues have been debated for decades. Historically, menstruation has been shrouded in stigma and silence across many cultures, leading to inadequate attention to the needs of menstruating individuals. Early efforts focused on providing basic sanitation facilities, but the broader concept of menstrual hygiene management (MHM) gained traction with the rise of international development goals like the Millennium Development Goals (MDGs) and Sustainable Development Goals (SDGs).
These frameworks highlighted the importance of water, sanitation, and hygiene (WASH) in schools, which indirectly addressed menstrual health. However, the explicit recognition of MHM as a human right, particularly within the context of education, is a more recent and evolving phenomenon, driven by advocacy groups, research, and increasing awareness of the barriers faced by girls and women due to inadequate MHM.
Latest Developments
In recent years, there has been a growing emphasis on integrating menstrual health into broader public health programs and policies. Several states in India have launched initiatives to provide free or subsidized sanitary napkins to schoolgirls and women from low-income backgrounds. The Swachh Bharat Mission, while primarily focused on sanitation, has also contributed to improving toilet facilities in schools and communities.
Furthermore, there's increasing awareness and advocacy around sustainable menstrual products, such as reusable pads and menstrual cups, to address environmental concerns associated with disposable sanitary napkins. Looking ahead, the focus is likely to shift towards comprehensive menstrual health education, addressing the social stigma surrounding menstruation, and ensuring access to affordable and sustainable menstrual products for all women and girls, regardless of their socioeconomic status.
Frequently Asked Questions
1. What key facts about menstrual health as a fundamental right should I remember for UPSC Prelims?
For UPSC Prelims, remember that the Supreme Court has declared menstrual health a fundamental right under Article 21. Schools must provide functional, gender-segregated toilets and free sanitary napkins.
2. What is the constitutional basis for declaring menstrual health a fundamental right?
The Supreme Court has affirmed that access to menstrual health and hygiene management (MHM) in educational institutions is a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
3. Why is menstrual health now considered a fundamental right?
Menstrual health is considered a fundamental right because denying menstruating girls access to MHM measures subjects them to stigma and humiliation, undermining their dignity, privacy, and bodily autonomy, which are all protected under Article 21.
4. What are the implications of the Supreme Court's directive for schools?
The Supreme Court has directed States and Union Territories to ensure all schools, both government-run and private, provide functional, gender-segregated toilets and free access to oxo-biodegradable sanitary napkins, preferably through vending machines within the toilet premises.
5. What is the historical background to the recognition of menstrual health as a right?
Historically, menstruation has been shrouded in stigma and silence across many cultures, leading to inadequate attention to the needs of menstruating individuals. Early efforts focused on providing basic sanitation facilities, but the broader recognition of menstrual health as a right is a relatively recent development.
6. Why is the Supreme Court's recent ruling on menstrual health in the news?
The Supreme Court's ruling is in the news because it explicitly recognizes menstrual health as a fundamental right under Article 21, mandating that schools provide necessary facilities. This decision addresses a long-standing issue of menstrual poverty and its impact on girls' education and dignity.
7. What are some recent developments related to menstrual health in India?
Recent developments include the integration of menstrual health into public health programs, initiatives by several states to provide free or subsidized sanitary napkins, and the Swachh Bharat Mission's contribution to improving toilet facilities.
8. What are the potential pros and cons of the Supreme Court's ruling on menstrual health?
Pros include improved access to menstrual hygiene, reduced stigma, and better educational outcomes for girls. Cons might include the financial burden on schools to implement these measures and potential challenges in ensuring consistent supply and maintenance.
9. What reforms are needed to ensure effective implementation of the Supreme Court's directive on menstrual health?
Reforms needed include adequate funding for schools, effective monitoring mechanisms to ensure compliance, awareness campaigns to reduce stigma, and training for teachers and staff on menstrual health management.
10. Who are the key personalities associated with this ruling on menstrual health?
Key personalities associated with this ruling include Justices J.B. Pardiwala, Justice R. Mahadevan, and Dr. Jaya Thakur.
Practice Questions (MCQs)
1. Consider the following statements regarding the Supreme Court's recent directive on menstrual health and hygiene management (MHM) in schools: 1. The directive mandates that all schools, including private institutions, provide free access to sanitary napkins. 2. The Court explicitly linked access to MHM with Article 19 of the Constitution, guaranteeing freedom of speech and expression. 3. The directive encourages the use of only biodegradable sanitary napkins to minimize environmental impact. Which of the statements given above is/are correct?
- A.1 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: A
Statement 1 is CORRECT: The Supreme Court directive mandates that all schools, both government-run and private, provide free access to sanitary napkins. Statement 2 is INCORRECT: The Court linked access to MHM with Article 21 of the Constitution, guaranteeing the right to life and personal liberty, not Article 19. Statement 3 is INCORRECT: The directive encourages the use of oxo-biodegradable sanitary napkins, not necessarily only biodegradable ones. Oxo-biodegradable napkins are designed to degrade faster than conventional plastic-based napkins but may still have some plastic content.
2. In the context of menstrual health and hygiene management (MHM), which of the following interventions is most directly related to ensuring the 'right to dignity' for menstruating girls in schools?
- A.Providing iron and folic acid supplements to address anemia.
- B.Ensuring functional, gender-segregated toilets with running water.
- C.Conducting awareness campaigns on reproductive health.
- D.Distributing free textbooks and uniforms to promote education.
Show Answer
Answer: B
Option B is the most directly related to ensuring the 'right to dignity'. Functional, gender-segregated toilets with running water provide privacy and hygiene, which are essential for maintaining dignity during menstruation. The absence of such facilities can lead to stigma, humiliation, and exclusion, undermining a girl's sense of self-worth and dignity. Options A, C, and D are important for health and education but do not directly address the dignity aspect of MHM.
3. Which of the following committees or initiatives has NOT directly addressed issues related to menstrual health and hygiene in India?
- A.Swachh Bharat Mission
- B.Beti Bachao, Beti Padhao
- C.National Food Security Mission
- D.National Rural Health Mission
Show Answer
Answer: C
The National Food Security Mission primarily focuses on increasing the production of food grains, restoring soil fertility and productivity, and reducing regional disparity in productivity. While it contributes to overall well-being, it does not directly address menstrual health and hygiene. The Swachh Bharat Mission addresses sanitation, including toilet facilities in schools. Beti Bachao, Beti Padhao aims to improve the status of girls, which indirectly includes menstrual health. The National Rural Health Mission includes reproductive and child health services, which can encompass menstrual health.