Court expresses displeasure over lack of response on menstrual hygiene as fundamental right
GS2Polity · Governance · IR· Health policy & public health· Prelims + Mains·
Judicial activism and the expansion of Article 21 for social justice and public health: a GS2 and Ethics case study.
Why in news
The Supreme Court expressed displeasure over the lack of response from States and Union Territories regarding the implementation of menstrual hygiene as a fundamental right under Article 21.
Background
A Bench of Justices J.B. Pardiwala and R. Mahadevan observed that States and Union Territories have failed to respond to the Centre's queries. The court has ordered the Union of India to secure written information by December 14, 2026, or face contempt notices.
Facts for Prelims
- PostAishwarya Bhati: Additional Solicitor General of India.
- FactThe court set a deadline of December 14 for the Union of India to obtain written information from States/UTs.
Prelims practice question
With reference to the Supreme Court's observation on menstrual hygiene, consider the following statements:
- The Union of India must secure written information from States and UTs by December 14, 2025.
- The court expressed displeasure over the lack of response from States and Union Territories.
- The court linked menstrual hygiene to the fundamental rights guaranteed under Article 21.
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: (c) 2 and 3 only — Statements 2 and 3 are correct. Statement 1 is incorrect: The court set a deadline of December 14, 2026.
For Mains
Q. Examine the role of the judiciary in expanding the scope of Article 21 to include menstrual hygiene and reproductive health as fundamental rights.
Dimensions to cover in your answer
- Institutional friction: Lack of coordinated response from States and Union Territories regarding federal health mandates.
- Judicial activism: Expanding the scope of 'Right to Life' to encompass specific hygiene and dignity requirements.
Keywords: Fundamental Rights · Article 21 · Judicial Oversight · Public Health · Contempt of Court
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