Why in News
Dr. Jaya Thakur vs Union of India, the Supreme Court recognized the right to menstrual health as a fundamental right under Article 21.
Key Highlights
Right to Menstrual Health is now part of:
- Right to Life and Personal Liberty (Article 21)
Key Directions by Supreme Court:
- Provision of free sanitary pads in schools
- Establishment of separate toilets for girls
Article 21:
- States:
- “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- Applicability:
- Available to citizens and foreigners (except enemy aliens)
Judicial Evolution of Article 21
- A.K. Gopalan v. State of Madras (1950)
- Took a narrow interpretation
- Focused only on procedure established by law
- Maneka Gandhi v. Union of India (1978)
- Introduced “fair, just and reasonable” procedure
- Expanded Article 21 to include due process of law
- Linked Article 21 with Articles 14 & 19