From Stigma To Statute: The Legal Battle For Menstrual Rights And Equity
- IJLLR Journal
- Jun 30
- 2 min read
Sonakshi Singh, West Bengal National University of Juridical Sciences (WBNUJS)
INTRODUCTION
Menstruation is a biological process which takes place in females after they go through puberty. It is a process through which the body of a female prepares itself to nurture a fertilised egg. A thick lining in the uterus is created for this purpose. When the body finds out that the egg is not fertilised, the thick lining along with the egg comes out of the body through the vaginal opening. This process happens once a month.
This process is painful for a lot of women as they have to go through stomach cramps, mood swings, food cravings and plenty of discomfort. They often have to worry about carrying sanitary napkins, pain killers and most importantly, availability of proper toilets. It is concerning but even school going girls don’t have proper access to these things. Specially in rural areas, a lot of girls have to miss school because of improper infrastructure and lack of availability of sanitary products. This affects both, education and health of these girls.
The stigma around periods serves as the biggest reason that females are deprived of basic period necessities. There is no awareness and no one wants to raise their voice against this injustice. Women often stay silent on these issues and hesitate to even talk about it.
This article analyses the legal aspect of the menstruation rights. These rights in India occupy a complex legal space. While article 21 recognises right to health as a part of right to life, there is no national law or provision concerning periods. Further the article will explore recent judicial judgements, specially Jaya Thakur vs The Union of India. Also, discussion about workplace rights, menstrual leaves and comparison with other countries is included in this article.
Keywords: Menstrual rights, Menstrual health, Menstrual leave, Human rights, Workplace rights.
