Establishing the Unconstitutionality of Menstrual Exclusion Practices in India

Abstract

Socio-cultural norms, stigmas, and taboos associated with menstruation in India take a number of different forms, often resulting in severe restrictions on menstruators, which are described in Part II, below. In fact, a 2016 study found that only one in eight adolescent girls in India faced no restrictions at all during menstruation. The constitutionality of menstrual exclusion practices has most famously been challenged in the Sabarimala case, where the Indian Supreme Court in a 4:1 majority found that the law restricting entry of women of menstruating age into the Sabarimala temple violated women’s constitutional rights to religion and equality. In Part III, analyzing the judgment in Sabarimala, this Article will explore the potential of applying the verdict in Sabarimala to raise constitutional challenges to other forms of menstrual exclusion practices in the country.