“The right to life under Article 21 is infringed as much by social exclusion as by physical deprivation”. Justify this statement with reference to menstrual hygiene. Highlight its implications for dignity and bodily autonomy.
Kartavya Desk Staff
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q2. “The right to life under Article 21 is infringed as much by social exclusion as by physical deprivation”. Justify this statement with reference to menstrual hygiene. Highlight its implications for dignity and bodily autonomy. (10 M)
Difficulty Level: Medium
Reference: IE
Why the question The Supreme Court’s expanding interpretation of Article 21 to address social exclusion and gendered disadvantage, particularly in the context of menstrual hygiene and access to education. Key Demand of the question The question requires linking social exclusion arising from inadequate menstrual hygiene to violation of the right to life under Article 21, and explaining how this exclusion affects dignity and bodily autonomy. It also demands a constitutional framing rather than a welfare or policy-oriented explanation. Structure of the Answer Introduction Briefly highlight the evolution of Article 21 from protection of physical existence to a guarantee of dignified and autonomous living, with relevance to gendered social realities. Body Show how social exclusion due to lack of menstrual hygiene facilities infringes the right to life by denying equal participation and opportunities. Explain how such exclusion undermines dignity by reinforcing stigma, humiliation and forced withdrawal from public life. Link menstrual hygiene to bodily autonomy and privacy, emphasising control over one’s body and meaningful access to education. Conclusion Conclude by underlining the constitutional obligation of the State to remove socially constructed barriers so that Article 21 ensures lived dignity and autonomy, not merely formal survival.
Why the question The Supreme Court’s expanding interpretation of Article 21 to address social exclusion and gendered disadvantage, particularly in the context of menstrual hygiene and access to education.
Key Demand of the question The question requires linking social exclusion arising from inadequate menstrual hygiene to violation of the right to life under Article 21, and explaining how this exclusion affects dignity and bodily autonomy. It also demands a constitutional framing rather than a welfare or policy-oriented explanation.
Structure of the Answer
Introduction Briefly highlight the evolution of Article 21 from protection of physical existence to a guarantee of dignified and autonomous living, with relevance to gendered social realities.
• Show how social exclusion due to lack of menstrual hygiene facilities infringes the right to life by denying equal participation and opportunities.
• Explain how such exclusion undermines dignity by reinforcing stigma, humiliation and forced withdrawal from public life.
• Link menstrual hygiene to bodily autonomy and privacy, emphasising control over one’s body and meaningful access to education.
Conclusion Conclude by underlining the constitutional obligation of the State to remove socially constructed barriers so that Article 21 ensures lived dignity and autonomy, not merely formal survival.