CASE COMMENT ON EXPANSION OF RIGHT TO LIFE UNDER ARTICLE 21: DR. JAYA THAKUR VERSUS GOVERNMENT OF INDIA

Dr. Jaya Thakur v. Government of India & Ors. Is a significant public interest litigation that brought national attention to the challenges faced by adolescent girls in managing menstrual health while pursuing their education. The petition was filed before the Supreme Court under Article 32 of the Constitution, seeking directions to ensure that school going girls, particularly those studying in Classes VI to XII, have access to essential menstrual hygiene facilities. The petitioner requested measures such as the distribution of free sanitary pads, construction of separate and hygienic toilets for girls in schools, appointment of sanitation staff for maintenance of these facilities, and implementation of awareness programmes aimed at improving understanding of menstrual health and hygiene. The case highlighted the practical difficulties encountered by many girl students due to inadequate sanitation infrastructure and limited access to menstrual hygiene products. These deficiencies often result in absenteeism, discomfort, and, in some instances, discontinuation of education. Recognizing the seriousness of the issue, the Supreme Court examined menstruation not merely as a health-related concern but as matter directly connected to constitutional rights and human dignity. In its Judgment, the Court emphasized that no girl should be deprived of educational opportunities because of a natural biological process. It observed that proper menstrual hygiene management is closely associated with the principles of equality, dignity, privacy, health, and meaningful participation in society. The Court further acknowledged that ensuring access to menstrual hygiene facilities is essential for realizing the guarantees provided under Articles 14, 21, and 21A of the Constitution, thereby reinforcing the State’s obligation to create an environment where girls can pursue education with dignity and confidence.