MENSTRUAL HEALTH UNDER THE EXPANSIVE CANOPY OF RIGHTS: A CRITICAL LEGAL APPRAISAL OF THE INDIAN FRAMEWORK

Health is a fundamental human right essential for human dignity and survival, impacting an individual’s ability to live a meaningful life. Among the various dimensions of health, menstrual health, a critical aspect of reproductive health, has historically been stigmatized and neglected in public discourse due to cultural taboos and social norms. As awareness around health rights grows, the recognition of menstrual health as a fundamental human right has become more pressing. The International Covenant on Economic, Social and Cultural Rights, Universal Declaration on Human Rights, and other international instruments explore the significance of menstruation, analyzing how it is intertwined with the broader human rights framework, particularly the right to health. Through case laws such as “CESC Ltd. v. Subhash Chandra Bose” and “Consumer Education and Research Centre v. Union of India”, the Indian judiciary has expanded the interpretation of the right to life to encompass health, including the right to medical care and a dignified life. Despite the increased awareness, there are still a lot of gaps in the laws and policies about menstrual health in India and around the world. This research also looks at issues affecting menstrual health rights, new legislative initiatives, and other relevant topics. It draws attention to the ways that systematic neglect is exacerbated by a lack of awareness, period poverty, inadequate infrastructure, and an unclear legal framework. This research highlights the pressing need for legal clarity, judicial recognition, and efficient policy execution by placing menstrual health within the larger human rights discourse. Ultimately, this paper advocates for a rights-based approach to menstrual health, which not only addresses the medical aspects but also integrates cultural, economic, and social dimensions to combat stigma, ensure equality, and protect dignity for all menstruators.