Breaking Barriers through Law: A Constitutional Perspective on Menstrual Health Rights in India

Abstract

Menstrual health is more than just a health issue. It is a matter of human dignity, equity, and justice. Yet, in India, the absence of clear legal protections perpetuates stigma, discrimination, and systemic barriers. Despite the Indian Constitution's promises of equality, non-discrimination, and the right to live with dignity under Articles 14, 15, and 21, menstruators in workplaces and public spaces face persistent challenges. This paper adopts a doctrinal approach to analyse menstrual health through the lens of the Indian Constitution,. By examining key case laws and constitutional jurisprudence, it highlights the disconnect between legal ideals and the lived realities of menstruators. The absence of menstrual leave provisions, inadequate workplace hygiene infrastructure, and lack of awareness initiatives are revealed as critical gaps that violate constitutional values and hinder India's progress toward achieving Sustainable Development Goals, particularly SDG 3 and SDG 5. This research reframes menstrual health as both a constitutional and human rights issue, bridging the gap between legal theory and advocacy. The study contributes to the broader movement for reproductive justice and equality, advocating for a future where menstrual health is embraced as a fundamental right essential to dignity and gender equity.