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India's landmark ruling on menstrual care as a fundamental right emphasizes access to biodegradable products — experts call for choice
"The burden of managing ... waste cannot lie on girls, women, and people who menstruate," Menstrual Health Action for Impact co-founders Arundati Muralidharan and Tanya Dargan Mahajan told CG. "They have the right to full, free, and informed choice in the products they use."
A historic ruling from India's Supreme Court last month recognized menstrual health management as a constitutional right. Menstrual Health Action for Impact co-founders Arundati Muralidharan and Tanya Dargan Mahajan, based in Delhi, called the ruling "momentous."
In a joint statement to CG, they celebrated the court for its comprehensive framing of the right as going beyond access to menstrual products to include access to safe bathrooms and disposal as well as sexual and reproductive health education.
But the ruling does prominently feature the topic of product access. According to the Times of India, the court "directed all states and Union Territories to provide biodegradable sanitary napkins free of cost to girl students in all schools." CG asked Muralidharan and Dargan Mahajan whether this emphasis on biodegradability was rooted in environmental concern — and whether the court's specifying only one product type for free access could limit health care choices for those who menstruate.
"India deals with over 100,000 tons of non-compostable menstrual waste each year, without the commensurate infrastructure to manage it," they said. "However, the burden of managing this waste cannot lie on girls, women, and people who menstruate. They have the right to full, free, and informed choice in the products they use, including access to unbiased information and quality products, so they can manage their menstruation as per their context."
As research and safety standards evolve to ensure that menstrual products can be reliably free of potentially harmful substances — such as lead and per- and polyfluoroalkyl substances — full, free, and informed choice may become even more imperative. Muralidharan and Dargan Mahajan also underscored that free choice can itself offer an environmental benefit.
"Studies have shown that when offered a basket of choices, girls and women have chosen product options that not only suit their context but are also environmentally better, including reusable products like textile-based washable pads and underwear and menstrual cups."
But these experts wouldn't argue that environmental benefits should serve as a driver or justification for full access to a range of products. Instead, as outlined in a recent paper co-authored by Dargan Mahajan, "enabling full, free, and informed choice in menstrual health can improve individual health outcomes, reduce stigma, enhance equity, and foster well-functioning markets responsive to the needs of all who menstruate."
Just as reproductive rights advocates want individuals to have access to the full range of contraceptive methods and the ability to use what works for them, many period equity advocates want students to have the same no-cost access to a basket of menstrual care options, strengthening the rights-based promise of India's landmark decision.