Examining Gender Inequities In Access To Sanitation Facilities In India
- IJLLR Journal
- 39 minutes ago
- 2 min read
Saloni Manatwal & Spriha Garg, National Law School of India University, Bangalore
ABSTRACT
Sanitary facilities that are private, safe, and culturally acceptable should be a basic need for women's health, education, and economic engagement, but in India, they remain highly inadequate. The national surveys have established that more than 50% of rural households and a substantial number of urban slums force women into using shared toilets or open defecation, thereby compromising their privacy and safety. The complexity is further exacerbated by menstrual hygiene management (MHM), as many women experience infections, anxiety, and social exclusion during their periods in the absence of private washing facilities or safe disposal systems.
The paper is structured to first analyze the nature of the right to sanitation as recognized at both international and national levels. The discussion includes a review of India’s diverse water laws and policies addressing sanitation, examining their efficacy and the challenges associated with their enforcement. I study India's Swachh Bharat Mission goals for an open- defecation-free state and UN Resolution 64/292, which acknowledges water and sanitation as basic human rights, alongside the 2015 MHM Guidelines by the Ministry of Drinking Water and Sanitation. Second, I critically examine landmark judgments by the Supreme Court under Article 21, interpreting the right to life to include menstrual dignity, with particular reference made to this paradox of claims being lawfully entertained and yet not really executed on the ground. Third, I shift the emphasis from legal rights to women's real opportunities for managing menstruation hygienically, to accessing safe sanitation free from the fear of harassment, and to full participation in public life, following Amartya Sen's capability approach. This theoretical perspective, emphasizes on reducing human suffering and expanding people’s freedoms and opportunities to live lives of dignity. Lastly, I suggest a number of changes to close the gap between practice and policy. I suggest that MHM be expressly codified as a stand-alone entitlement by the judiciary in their interpretation of Article 21 and that all public and community sanitation facilities be subject to legally binding design and maintenance requirements. Overall, this paper offers a comprehensive roadmap for transforming India’s sanitation sector and securing effective gender justice.
