FROM SILENCE TO RIGHTS:  RECOGNISING MENSTRUAL HEALTH AND HYGIENE WITHIN INDIA’S FUNDAMENTAL RIGHTS FRAMEWORK

AUTHOR – CHARUMATHI.T, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – CHARUMATHI.T, FROM SILENCE TO RIGHTS:  RECOGNISING MENSTRUAL HEALTH AND HYGIENE WITHIN INDIA’S FUNDAMENTAL RIGHTS FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 387-400, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

In India, menstrual hygiene and health have transformed from being socially taboo to having become a constitutional issue of importance. The Supreme Court of India has determined that hygienic menstruation is part of the broad interpretation based on Article 21 that constitutes basic rights to equality, health, dignity, and life. Menstruation rights as basic human rights to the protection against discrimination to access products for menstruation, safe sanitation, and medical care are guaranteed by Articles 14, 15, and 21 of the Indian Constitution. This research uses a doctrinal approach to assess menstruation hygiene as part of the broader Indian framework of fundamental rights. This research considers the constitutional guarantees surrounding menstrual hygiene as well as the important court cases and the various government programs aimed at increasing awareness of menstruation, improving hygiene facilities in schools, and providing free sanitary napkins to those in need. Addressed here are the continuously evolving issues that obstruct the implementation of menstrual hygiene initiatives including, but not limited to, economic barriers, lack of awareness, social stigma as well as inadequate facilities in rural areas. Setting legal recognition of menstrual hygiene as a fundamental right has made an important move toward recognizing socio-economic status, but requires different enforcement mechanisms and policies, as well as a better public understanding of these issues, in order for menstruation health to be considered a basic human right. The research findings include adding additional provisions regarding menstrual hygiene into the constitution of a country relates to human dignity and gender justice; moving from going from no rights to have rights protects people from being denied the opportunity to have a menstrual cycle .

Keywords: Article 21, Gender Justice Human Dignity Menstrual Health Basic Human Rights Supreme Court of India and Constitutional Protection.